Covid-19: Guidance on making interim claims for payment [UPDATED]
See guidance on interim payment claims during the Covid-19 pandemic for various accounts, including criminal, civil & children's legal aid, A&A and ABWOR.
Find out about the online declaration, what it is for and how it ensures payment for work carried out.
Online declaration financial assessment financial eligibility route to payment contribution passport benefits vouching of income or capital collection of contribution instalments client signature of declaration form mandate legal aid online declaration legal aid online mandate
Cases where documentary evidence not available immediately
Find out about circumstances where documentary evidence to verify client’s finances is not immediately available, how to obtain this and the end of this process
verification practicable availability of evidence updated information missing documentation late verification
Legal Aid Online applications for solemn legal aid
Find out the information we require and how you must apply for legal aid in solemn proceedings.
Solemn cases solemn proceedings petition case how to apply client’s declaration applicant’s declaration valid application application form information required for application
Choosing the right legal aid declaration form for criminal appeals
Find out which declaration form to use for criminal appeals depending on whether or not your client was in receipt of legal aid for the original proceedings.
Declaration form LAO/APP/1 applying for appeal online supporting documentation correct form selecting the right form for an appeal LAO/APP/2 appeal legal aid leagl aid appeal
Financial eligibility for advice and assistance: evidence you must supply
Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.
Income Capital Eligibility for advice and assistance financial evidence financial verification keycard Earnings Payslips P60 Self-employed earnings Business Accounts Self-Assessment tax return Benefits Benefit Award letters Bank accounts Business bank accounts Bank statements Property valuation Mortgage statement Investments No verification
The essential components of a civil legal aid application: forms, statutory statements, declaration
This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.
Read about financial eligibility provisions for A&A and when contributions are payable, as well as the evidence needed to verify financial eligibility.
Passported benefit income support ESA JSA universal credit disposable income capital contribution keycard eligibility limits verification; financial verification
Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.
Availability of A&A Scots Law Advice and Assistance; Representation ABWOR Section 6 Legal Aid (Scotland) Act 1986
Choosing the correct A&A category code: Civil or Children’s
Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.
Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.
Person Child Under 16 Representative Capacity Company Body Club Firm Partnership Society Association Other rights and facilities Trade Union Home Insurance Car Insurance Policy Section 6
Advice and assistance and the assessment of financial eligibility
Read about how your client’s financial eligibility is assessed for the purposes of civil advice and assistance, including information on client contributions.
Financial eligibility of children for advice and assistance (non-criminal matters)
Find out about how we assess the financial eligibility of children applying for A&A, including a definition of ‘child’ and a discussion of resource aggregation.
Child Child Application for A&A Alimentary Obligation Aggregating of resources Parents Provider of aliment Unjust Inequitable Student Further education College University Family Law Act 1985 Children’s bank accounts
Advice and assistance applications: the applicant’s declaration
Read about the importance of obtaining your client’s signed declaration as part of the A&A application and what they should understand when signing.
Declaration Mandate Capital Mandate client signature signing date client consent 7 Day Assessment Period Contact 3rd Parties contact third parties Other Bodies Property Recovered or Preserved False Declaration Quality Assurance
This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.
Non Template Increase Civil Increase AA ABWOR limit of expenditure emergency increase out of hours number urgent increase
Verification of financial eligibility for advice and assistance or ABWOR
Advice and assistance and financial eligibility: assessment of capital
Learn about the forms of capital and documentary evidence required or passport/non passport benefits when for advice and assistance.
Financial Assessment Capital Eligibility Keycard Bank Account Bank Statement Bank App Screenshot Print Out Savings Account Shares Bonds Stocks Investments Property Insurance Policies Trust Fund Assets Business Will Caravan Boat Car Jewellery Antiques National Savings Certificates Partner passport benefit passported benefit certificate partner
Determination: cover for representation before the First-tier Tribunal (Asylum Support)
A determination in terms of s4(2)(c) of Legal Aid (Scotland) Act 1986 allows for representation before the First-tier Tribunal (Asylum Support)
First-tier Tribunal (Asylum Support) determination section 103 of the Immigration and Asylum Act 1999 asylum and immigration Scottish government determination SG determination asylum support appeals asylum support appeal
Increases for different types of case under A&A and ABWOR
TOOL: A&A increases and templates guide
Access guidance and easily check if a templated increase is available on Legal Aid Online for the type of A&A case you are working on.
A&A increase A&A increases template A&A template A&A templates. template increase non-template increase LAOL increase legal aid online increase advice and assistance increase Adoption Aliment Anti-social behaviour orders ASBOs Appeals CICA Convention case Applying for civil legal aid parental rights parental responsibilities Asylum Asylum appeals Bonds of caution in executries Caveats Child abduction Child Maintenance Service Contact residence Conveyancing Transfer of family home between spouses cohabitees separation divorce dissolution civil partnership Criminal injuries compensation claims Crofting Curators ad litem Declarator of parentage Defending action under the Convention Diligence Employment tribunals European agreement transmission of legal aid applications European Court of Human Rights Executry Failure to obtemper court orders Fatal Accident Inquiries FAI Guardianship Home visit hospital visit prison visit Housing Interdict Judicial review Mental Health (Care and Treatment)(Scotland) Act 2003 mental health Minutes of agreement Naturalisation as a British citizen Non-harassment orders Payment actions Pension splitting Pensions Power of Attorney Recovery of heritable property Reparation Sexual offence prevention order Simple Procedure Social security Watching brief Welfare benefit analysis Wills
This page includes information on arrangements for the employment of counsel under civil legal aid. It includes information on: the tests applied in our assessment of requests for counsel (whether case-related, or linked to your circumstances); timing of requests; limited use of counsel for opinions etc.; and retrospective grants for the employment of counsel.
sanction for counsel applying for sanction for counsel retrospective sanction approval
This page includes information on the employment of expert witnesses in civil legal aid. The guidance includes information on when prior approval is required; the application procedure (including use of templates); how to distinguish an expert witness and the status of certain common types of witnesses; timing of applications; how we will assess experts’ costs; and cost limit information.
sanction for experts approval templates acting as an expert expert witness
Read some important points to consider before instructing a medical or health professional.
Medical professional health professional accounts doctor accounts sanction for medical sanction for health sanction for consultant approval of expert approval.
View guidance you should send to a witness to explain their role and prevent problems at the account stage.
Witness witnesses practical guidance guidance for witnesses accounts information invoice invoice to solicitor travel costs travel expenses subsistence subsistence allowance loss of earnings loss of wages.
This page includes information on our approach to approving ‘unusual’ work. It sets out when prior approval is required. It also includes information on documents to be submitted with these applications for approval.
prior approval sanction for unusual work mediation family therapy supervised contact supported contact vulnerable witnesses approval of costs approval contact centre contact centres drug reports alcohol reports
Use this tool to find out whether you need special urgency cover, when you need sanction for the report and if an increase in the cost limit may be needed.
TOOL: prior approval required if not acting as an expert?
Find out when prior approval is needed if you are consulting with or employing a professional who is not acting as an expert.
sanction curator ad litem sanction GP sanction medical sanction inquiry agent sanction interpreter sanction sheriff officer sanction sign language curator ad litem sanction GP sanction medical sanction inquiry agent sanction interpreter sanction sheriff officer sanction sign language sanction GP medical professional sheriff officer sign language inquiry agent
TOOL: common types of work involving unusually large expenditure or unusual work
Check if you need prior approval for common types of unusual work and if there are guidelines on how cost will be assessed.
Unusually large expenditure large expenditure work expensive work sanction Unusually large expenditure Child welfare reports Commission and diligence for recovery of documents recovery of documents Commission to take evidence of witnesses evidence from witness Conveyancing Costs of assisted person attending court AP court assisted person court Curator ad litem Family therapy Mediation Post-cert sanction post certificate Shorthand writers shorthand Statutory reports under the Adults with Incapacity Act 2000 AWI statutory Supervised contact Supported contact Watching brief Witnesses travelling from abroad witness abroad interpreting translating interpreter translator translation cost translation sanction interpreter cost interpreter sanction Translations using interpreter translation costs interpreting costs
Timing of the application and the status of the dispute
Learn how the reasonableness test is affected by premature applications, if an offer has been made and if existing proceedings or foreign court could be used.
Applications premature premature application application too early offer made reasonableness existing proceedings outside Scotland foreign court early application
Find out the different factors we take into account during our cost benefit analysis when we are considering whether it is reasonable to grant civil legal aid.
Cost benefit benefit to client McTear –v- Scottish Legal Aid Board 1997 SLT 108 court order caution prospect of recovery order not necessary no dispute action unnecessary prejudice no recovery.
Strategic impact or wider public interest of the case
Find out how we consider the strategic or wider interest in your client’s case & address tests in Regulation 15, Civil Legal Aid (Scotland) Regulations 2002
Public interest wider interest legal services cases committee reasonableness reasonableness test regulation 15 Regulation 15
Availability of Civil legal aid and application procedures
Proceeding for which civil legal aid is not (or only partially) available: ‘excepted proceedings’
Find out about the range of proceedings for which civil legal aid is not generally available, known as ‘excepted proceedings’.
excepted proceedings availability of legal aid Debtors simple procedure no legal aid available unavailable not available defamation verbal injury proceedings election petitions simplified divorce simple simplified petitions sequestration debtors proceedings debt actions first instance ad factum praestandum moveable property aliment personal injuries monetary crave heritable property multiplepoinding
Availability of Civil legal aid and application procedures
Other rights or facilities
Read our approach to any other rights and facilities available to your client and when we consider it reasonable to grant legal aid in these circumstances.
Other rights other facilities trade union insurance insurance solicitor
Availability of Civil legal aid and application procedures
Civil legal aid for matters outwith Scotland
Find out about the availability of and procedures for civil legal aid for matters outwith Scotland.
international applications European Agreement on Transmission of Applications for Legal Aid foreign non-uk non-brit non-Scottish foreign application transmission European agreement
Availability of Civil legal aid and application procedures
Refusal of legal aid applications
Find out the potential reasons we may refuse applications; the process by which this decision can be reviewed; and relevant information you must provide.
reasons for refusal review of SLAB decision refusal review
Availability of Civil legal aid and application procedures
Applications for civil legal aid for proceedings where we are a party
Read our guidance on applications for civil legal aid for proceedings where we are a party, how to address minimum requirements, and the process for a review.
applications against SLAB review in application against SLAB judicial review of SLAB external referral; SLAB as party slab review review judicial review appeal decision referral refer external refer to sheriff
Availability of Civil legal aid and application procedures
Disputing information: what to send us if you are acting on behalf of your client who is the opponent
Find out the types of information to send us if you are acting on behalf of an opponent of an application and wish to dispute the financial info provided.
financial objections false financial information financial representations objection representation
Changes of circumstances and withdrawal of legal aid
Duty to report abuse of civil legal aid
Find out about various scenarios that may comprise an abuse of civil legal aid, the duty to inform us, and client confidentiality in these circumstances.
duty to report abuse of civil legal aid Regulation 24
Changes of circumstances and withdrawal of legal aid
Termination of civil legal aid on change of circumstances
Read about changes in client circumstances that may cause us to terminate legal aid, and implications for the assisted person’s status and contribution.
consequences of termination of a grant of civil legal aid change in financial circumstances
Changes of circumstances and withdrawal of legal aid
Termination of legal aid in cases of false or incomplete information
Read about our power to terminate legal aid where the client provides false or incomplete information and the consequences for the recovery of outlays.
Termination of legal aid in cases of false or incomplete information reg 32 termination false statements disclosure
Seeking a review of the case cost limit applied: procedure and information to provide
Find out the details you need to submit if you are seeking a review of the cost limit of your case.
review refusal of case cost uplift review of refusal of case cost increase review case cost increase review refusal review increase refused increase rejected rejected increase case cost review
Situations in which retrospective authority for a case cost increase may be granted
Find out when retrospective sanction will be considered and what we consider a good reason for not seeking our prior approval for a case cost increase.
retrospective grant good reason exceed authority retrospective increase increase after
Use our case costs limit tool to view relevant information about your civil legal aid work.
case cost limit tool case cost expense limit Case cost uplift case cost amend increase in cost limit retrospective case cost amend retrospective case cost uplift retrospective
Civil legal aid assessment period and its consequences: ‘period of computation’
View information about the period of computation and your client's obligation to tell us about any change in circumstances that may affect their eligibility.
Relevant period of assessment income capital change in financial circumstances.
Civil legal aid: how we calculate income and what’s included
Learn about assessment of wages/salary from employment, net profit from self-employment or business, other sources of income and things that can be disregarded.
Type of income earnings benefits self-employment disregarded income computation period calculating contribution deductions from income dependents' dependent's dependent allowance Pension Housekeeping Maintenance alimentary Child Support Agency CSA Student grants student loan Voluntary aliment payments Rent mortgage Council tax Dependency allowance loan student
Financial assessment for special categories of applicant
Find out about assessment of financial for special categories of applicant: children; prisoners; applications in a representative or fiduciary capacity
Financial assessment of children POA obligation of aliment child applicant representative capacity aggregation of resources guardian adults with incapacity AWI disregards deprivation of resources capacity Financial assessment of resources held by prisoners prisoners Persons applying in representative or fiduciary capacity: what resources are taken into account? representative fiduciary official capacity executor
Information on how instalment rates of maximum contribution are set and the relationship with case cost.
contribution client contribution client payment disposable income disposable capital over limit exceed capitla savings money high earnings salary installments contribution installments paying in installments paying installments paying contribution installments instalment part paying ap contribution assited person contribution too much money
Easily access guidance on the merits of different types of civil cases by using our specially designed tool.
merits merits of case legal basis Divorce Divorce non-financial provision Court of Session divorce cases Cross actions of divorce dissolution of civil partnership residence Pursue divorce defend divorce fault-based divorce one year separation with consent two years separation divorce unreasonable behaviour adultery divorce interim gender recognition certificate Orders for financial provision Capital sum order Transfer of property order Periodical allowance order Earmarking order Incidental order Pension sharing orders Cohabitee cases cohabitee intestacy Financial provision on separation Provision on intestacy Gender Recognition cases Gender Recognition Act 2004 gender recognition certificate expectations are defeated child dispute children dispute dispute over children adoption order permanence order parental rights parental responsibility Residence orders Contact order Specific issue orders Variation of an order Minute for failure to obtemper Matrimonial Property Disputes Division and sale Exclusion order curators ad litem curators ad litem for children Interdicts power of arrest non-harassment orders non-molestation orders Matrimonial interdict domestic interdict relevant interdict Breach of interim interdict revoke non-harassment order vary non harassment order reparation road traffic accident accident at work industrial disease tripping tripping case professional negligence condensation dampness court of session reparation personal injury rules judicial review petition for judicial review SLAB judicial review judicial review referral judicial review sheriff wider public interest public interest action of payments actions of payment HMRC HM Revenue and Customs Action of reduction action of reductions caution action caution actions caution for expenses Bonds of caution Adults with Incapacity safeguarders Fatal Accident Inquiries FAI FAI multiple FAI multiple family members death in prison death in police custody Expert Witness in Fatal Accident Inquiries appeals Appellate proceedings fresh application judicial review refused appeal to Supreme Court Supreme Court licensing appeal Court of session appeal first tier tribunal upper tribunal Social Security Commissioners modified application procedures Applications by children child additional reasonableness child age applying for child defamation Mortgage rights mortgage rights proceedings Home Owner and Debtor Protection (Scotland) Act 2010 Proceeds of Crime intersection of civil and criminal proceedings civil and criminal proceedings private sector tenancies eviction Housing and Property Chamber Review of a decision AWI permanence orders permanence grounds court of session dissolution of marriage unreasonable behaviour one year divorce two year divorce simplified divorce Application requirements in cases involving financial provision capital sum transfer of property periodical allowance earmarking order pension sharing order incidental order implementation of pension share s28 claim s29 claim cohabitation financial provision Family Law correction of errors in gender recognition certificate appeal against refusal of gender recognition certificate adoption parental rights and responsibilities s11 orders contact specific issue order minute to vary minute for failure to obtemper matrimonial property disputes division and sale and exclusion order Matrimonial Homes Act curator application child application curator ad litem children non-harassment order interdict matrimonial interdict breach of interdict revoking or varying a non-harassment order Reparation damages claims road traffic claims accidents at work condensation/dampness claims Personal Injury rules statutory statement First Tier Tribunal Upper Trinbunal timebar time bar Payment actions HM Customs and Revenue contracts Actions of reduction evidential bond of caution adults with incapacity guardians safeguarder Adults with incapacity fatal accident inquiry death in custody experts in FAIs appellate proceedings judicial review permission hearing UK Supreme Court representing a child representative separate representation for child direction criteria effective representation mortgage rights HODP mortgage arrears pre-action requirements basis of possible defence housing proceeds of crime confiscation forfeiture seizure administration recovery of assets restraint order rent arrears First-tier Tribunal for Scotland (Housing and Property Chamber landlord and tenant availability of legal aid for housing matter private sector housing tenancy welfare guardianship financial guardianship joint guardian substitute guardian post grant information
This page includes merits information on various types of cohabitee-related cases. These include Section 28 actions (provision on separation for cohabitees); and Section 29 actions (provision on intestacy).
s28 claim s29 claim cohabitee cohabitation financial provision Family Law section 28 section 29 spearation 2006 act Family Law 2006 intestacy provision of intestacy cohabittee cohabitee provision
This page includes merits information for various types of actions in relation to the Gender Recognition Act 2004. These include correction of errors in gender recognition certificates; and appeals against the refusal of a certificate.
correction of errors in gender recognition certificate appeal against refusal of gender recognition certificate Gender Recognition Act 2004 gender gender change gender error defeated expectations gender appeal gender recognition
This page includes merits information for various types of cases involving disputes over children. The case types covered include: adoption and permanence orders; orders relating to parental rights and responsibilities; contact and residence orders; specific issue orders; minutes to vary; and minutes for failure to obtemper. Information is included for both pursuers and defenders.
adoption permanence order parental rights and responsibilities s11 orders residence contact specific issue order minute to vary minute for failure to obtemper failure to obtemper child dispute dispute child parental rights parental responsibilities vary order parental responsibility
This page includes merits information for various types of cases in relation to matrimonial property disputes, including: division or sale actions and exclusion orders. It covers the supporting information you should provide with these types of application, and information for both pursuers and defenders.
matrimonial property disputes division and sale exclusion order Matrimonial Homes Act divide and sale division sale
This page includes merits information for various types of divorce (or dissolution) cases without craves for financial provision. The case types covered include divorce based on one or two year separation; on grounds of adultery; and on the basis of interim gender recognition certificate. Information is included for defenders and pursuers. Information is also included for cross-actions and Court of Session cases.
divorce grounds court of session dissolution of marriage dissolution of civil partnership adultery unreasonable behaviour one year divorce two year divorce simplified divorce one year separation seperation separationm two year separation cheating civil partnership divorce marriage divorce divorce merits
This page includes merits information for various types of divorce cases with financial provision. The case types covered include capital sum orders; transfer of property orders; earmarking orders; incidental orders in terms of section 14(2) of the Family Law (Scotland) Act 1985; and pension sharing orders. It covers the kinds of information we expect to see with these types of applications.
Application requirements in cases involving financial provision capital sum transfer of property periodical allowance earmarking order pension sharing order incidental order implementation of pension share financial provision pension sharing financial provision divorce finances divorce financial share pension pension share incidental order earmark order earmark
Interdicts, power of arrest and non-harassment orders
This page includes merits information for various types of interdict (etc.) cases. Types of cases covered include: general interdicts (including non-molestation orders); matrimonial and domestic interdicts; breaches of interdict and power of arrest; non-harassment orders; and applications to revoke or vary orders. Information is included for both pursuers and defenders.
power of arrest non harassment order interdict matrimonial interdict breach of interdict revoking or varying a non-harassment order revoke interdict vary inderdict varying interdict harassment non-harassment vary marriage interdict partner interdict revoke non harassment
This page includes merits information for various types of applications in relation to reparation actions. The case types covered include: road traffic accidents; accidents at work; industrial disease cases; professional negligence claims; and condensation/dampness claims. Evidential requirements are included alongside information for both pursuers and defenders where relevant.
Reparation damages claims road traffic claims accidents at work industrial disease tripping professional negligence condensation dampness claims Personal Injury rules accidents road traffic car accident compensation negligence compensation compo
Read an overview of our merits application requirements in relation to judicial review applications, and associated minimum information you should provide.
judicial review statutory statement First Tier Tribunal Upper Trinbunal timebar time bar
Read guidance for safeguarders applying for legal aid in a case under the Adults with Incapacity (Scotland) Act 2000, including evidential requirements.
guardians safeguarder Adults with incapacity AWI AWI guardian AWI safeguarder
Read information on our approach to the merits of applications relating to fatal accident inquiries, and on the use and payment of expert witnesses for FAIs.
fatal accident inquiry death in custody experts in FAIs FAI
This page includes merits information for applications in relation to various types of appeal, and associated evidential requirements. The case types covered include: appeals against refusal of permission; licensing appeals; appeals to the UK Supreme Court; appeals against the First Tier and Upper Tribunals; appeals against the Social Security Commissioners, and information you should provide with your application.
appellate proceedings appeals judicial review permission hearing licensing appeal UK Supreme Court Social Security Commissioners fresh application
Actions in relation to private sector tenancies (including eviction proceedings in the First-tier Tribunal for Scotland (Housing and Property Chamber))
This page includes merits and other practical information for various types of action before the First Tier Tribunal for Scotland (Housing and Property Chamber). It includes the type of actions for which legal aid is available; operational guidance on how we consider these types of applications; and the evidence you should provide with your applications. The fees available are also included.
eviction rent arrears First-tier Tribunal for Scotland (Housing and Property Chamber landlord and tenant availability of legal aid for housing matter private sector housing tenancy
Read a summary of application requirements (including financial) for proceedings under the Adults with Incapacity (Scotland) Act 2000.
welfare guardianship financial guardianship joint guardian substitute guardian safeguarder bond of caution post grant information Adults with Incapacity financial assessment
Civil legal aid for child abduction/custody cases: simplified application arrangements for Hague Convention and European Convention on the custody of children cases
Read about modified applications for civil legal aid for Hague Convention child abduction/custody cases.
Hague Convention child abduction international cases
Civil legal aid cases under the European judgements convention: modified application procedure
Special arrangements apply where legal aid is sought to enforce certain judgements in terms of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters.
Reciprocal enforcement international cases European modified application
List of circumstances in which you may undertake urgent work without prior approval
Read the list of circumstances where urgency work can be done without our prior approval (as long as you comply with Reg 18 of the Civil Regulations 2002)
SU SU2 special urgency cover emergency legal aid Regulation 18 work
This page sets out our approach to assessing special urgency in various family cases including contact/residence; minutes to vary; minutes for failure to obtemper; and in relation to obtaining reports ordered by the Court.
SU cover SU4 emergency legal aid s11 orders variation failure to obtemper bar report child welfare report curator report court ordered reports
Status of your client under special urgency: contributions and requirement to provide financial information
Guidance on understanding status of your client under special urgency, implications for contributions and requirement clients provide financial information.
Contribution status of applicant client liability to pay legally assisted person
Special urgency and undertaking necessary collateral work: timing issues
View information about undertaking necessary collateral work under special urgency and example of when a further Regulation 18(1)(b) certification is required.
Our role in identifying and avoiding duplication of work across high cost/complex civil cases
Read about our role in identifying and avoiding duplication of work, for instance where there are several legally-aided parties.
Duplication of work cost-sharing review of decisions preparation in complex cases duplication work duplicate work sharing cost cost sharing complex case multiple parties multiple clients multiple
Accounts: Common queries in relation to the preparation and submission of legal aid accounts
Information addressing some common accounts queries to help you to frame accounts that are more likely to be paid in full, first time, thereby reducing delay
Aggregation for time at court including any necessary travel
Guidance on how fees for time at court and travelling must be calculated and makes clear they are payable on the basis of the total time engaged per day
Civil Tables of Fees, mixing blocks and details, Sheriff Appeal court and time limits for submitting accounts
Submission of account of expenses and completion of account synopsis: when must your final account be submitted by?
Find out when you must submit your account at the conclusion of proceedings and complete account synopsis
Timescales time period for submitting account deadline account deadline time limit time bar timebar time bar accounts accounts time bar timebar accounts accounts timebar
Schedule 2 Chapter III Parts 1 and 2: Accounts in respect of summary cause proceedings
Guidance on fee payable to the party awarded expenses and covers drawing of the account, arranging and attending a diet of taxation and noting the decree
Schedule 2 Chapter IV: Accounts in respect of executry business
Guidance on applications made in respect of executry business - where legal aid granted the account charged in terms of Schedule 2, Chapter IV, Civil Fees Regs
Block fees: sheriff court proceedings (no action raised or undefended)
Civil legal aid fees: fees payable for undefended actions in the sheriff court for actions of divorce or separation and aliment – where proof is by means of affidavits
Find out which fees are payable for undefended actions in the sheriff court in actions of divorce, separation and aliment.
Block undefended fees inclusive fees for undefended divorce or separation and aliment cases inclusive fees divorce separation aliment sheriff court block fees undefended fees
Civil legal aid block fee accounts: Continued Options Hearing or Continued Full Case Management Hearing
Find out about the separate payment for all work for the preparation and attendance at a Continued Options Hearing or Continued Full Case Management Hearing
Civil legal aid block fee accounts: list of miscellaneous fees
View the miscellaneous block fees in defended sheriff court proceedings from Chapter 2 of Schedule 6 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989.
Miscellaneous Affidavits Contact Arrangements Notice to Admit Joint Minute of Admissions Settlement Conference Extra Judicial Settlement Minute of Agreement Report fee Additional Procedure Third party Minuter Complex financial dispute Pension sharing arrangement Contact dispute Peremptory Diet
Property recovered or preserved where your client received both A&A and civil legal aid
Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.
Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exemptions Releasing money Retaining sufficient sums to cover accounts linked A&A
Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.
Find out about provisions relating to expenses in favour of your client, including situations where you should seek these and our power in this area.
Expenses Where my client is successful seek an award of expenses Factors in seeking expenses Expenses awarded Paying expenses to SLAB successful client seeking expenses award of expenses expenses award
Read about arrangements for when expenses are awarded against your client, including liability and the process for modifying or reassessing an award.
Expenses Where my client is unsuccessful Expenses against assisted person liability for expenses modification of expenses reassessment of expenses due client unsuccessful expenses awarded against client lost case court expenses
Expenses of unassisted party out of the Legal Aid Fund
Find out about the circumstances in which an unassisted person’s expenses may be paid from the Fund and procedural information on Section 19 motions.
Expenses expenses of unassisted parties Section 19 where my client is successful against an assisted person client unsuccessful lost case won case section 19 motion motion section 19
Find out when you may seek payment of an award of judicial expenses, the implications for lodging your accounts, and read general guidance on this topic.
Judicial expenses Seeking payment of judicial expenses Electing to claim civil legal aid fees when judicial expenses are recovered Judicial expenses where both legal aid and advice and assistance provided paying judicial expenses chossing judicial expenses
Judicial expenses and private charging for work done before legal aid was granted
Read more about judicial expenses and how to charge for private work done before the grant of legal aid.
Expenses and private charging; speculative agreements; private feeing; Section 32; judicial expenses; work done before legal aid in place private charging private fees expenses choosing expenses
Property recovered or preserved in civil legal aid
Defining ‘recovery and preservation of property’
This section contains the definitions and examples of ‘recovery and preservation of property.’
Recovered/recovery Preserved/preservation Clawback Legal background to recovery/preservation Gained or kept property Opposing or resisting claims Definition of property Examples of property definition Hanlon.
Property recovered or preserved in civil legal aid
Recovery or preservation of property in matrimonial proceedings
Read about the ways in which recovery or preservation of property may occur in matrimonial proceedings, and interactions with Family Law (Scotland) Act.
Family Law Act and recovery/preservation Substitution of property Examples of clawback Transfer of property Unsecured debts Valuations Relevant date (clawback) pension sharing
Please note this guidance does not apply to outlays in respect of British Sign Language interpreters.
Payment rate for interpreters Interpreting Translating Interpreters Translation Interpreters’ fees Translating fees Dungavel Police station visits Interpreters’ cancellation fees Interpreters’ travel Interpreters’ waiting time cases with language barriers cases where client doesn’t speak English Interpreters’ expenses language barrier
Find out how we assess disposable income and what outgoings can be included.
Passport benefit passport benefits non-passport benefit non-passport benefits earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit all forms of income assessment of financial transactions income limits dependant allowance assessing disposable income assessing disposable income
Definition and scope of criminal advice and assistance
Find out how A&A is defined in the legal aid legislation and what it covers.
A&A advice & assistance English law foreign law UK law A&A where criminal legal aid scope of advice and assistance what is criminal advice and assistance level of cover for criminal advice and assistance steps A&A is available for jurisdictions covered definition of A&A what constitutes A&A
Who may grant and provide criminal advice and assistance?
Only you can admit a client to A&A. Find out who can grant and carry out A&A work and what trainees/paralegals can do.
First year trainee 1st year trainee second year trainee 2nd year trainee paralegal non-qualified unqualified legal secretary unqualified staff eligible work for unqualified staff members suitable tasks for non-qualified staff who can provide A&A/ABWOR trainee
Who is a person for the purpose of receiving criminal AA?
Find out who can qualify for A&A and the rules regarding providing it to other entities.
Assisted person child company partnership definition of person in criminal A&A cases with minors under 16 years old under 12 years old representing children individuals only no A&A available to organisations no A&A available to corporations businesses applying for A&A representation of bodies partnerships qualify entitled eligible
Cases where our prior approval is required to grant criminal A&A
Find out when you need our prior approval to grant A&A due to the assisted person having other help available or having previously received A&A about this issue
ORF other rights and facilities help from the union insurance cover previous advice previous solicitor member of body client has other available funding suitable expectation of additional financial help past help from solicitor factors to check with client before A&A availability of alternative funding alternative funding union trade union
Admitting client to A&A and date of commencement of advice
Find out what you must be satisfied on before granting A&A, financial eligibility and when work becomes chargeable
Granting A&A commencement/start of A&A A&A tests financial eligibility factors to check with client before A&A satisfying yourself on eligibility financial checks tests to conduct before taking on client considerations before commencing effective date start date
A reminder as to the steps to be taken when granting criminal A&A, determining if criminal and notifying us
Multiple applications recording information notifying SLAB prison rules how to determine if A&A is criminal relating to a criminal matter steps for granting A&A considerations for criminal matters parole board proceedings what constitutes criminal A&A recognising criminal procedures
Determination of disposable capital and disposable income
Read more about how to determine disposable income and disposable capital.
Limits ABWOR assessment of capital contribution levels contributions disposable income disposable capital benefits passport benefits passported benefits
Financial assessment and verification of capital – to be checked even in passport benefit cases
Learn what capital includes, why you should establish your client’s capital and how this can be documented.
Capital savings ISA’s money due passported benefit level of capital held documentary evidence verification income assessment investments ISAs capital held no capital zero savings zero capital no money no savings
Verification: application of the tests of “necessary” and “practicable”
Learn about the circumstances where it is necessary and practicable to obtain supporting documentary evidence of your client’s financial circumstances.
living separate and apart client in prison spouse resources contrary interest opposing views living arrangements partner in prison husband prison living separately living apart separated seperated accomodation marital home home house
Advice and Assistance for early resolution of cases
Guidance on regulations amending legal aid fee arrangements to allow the inclusive sheriff court summary fixed fee of £550.76 to be paid at an earlier stage
Increases for the employment of counsel, expert witnesses and other third parties
View guidance on the process and what information is needed when applying for an increase to employ counsel or an expert/professional witness.
Counsel counsel’s opinion consultation with counsel expert witness appeals location of experts expert opinion employment of third party counsel opinion opinion counsel opinion of counsel specialist witness
Increases in post-conviction ABWOR breaches and reviews, multiple deferred sentences and templates
Learn how to an increase in authorised expenditure for ABWOR cases for post-conviction breaches & reviews, multiple deferred sentences and template increases.
Post-conviction breaches post-conviction reviews multiple deferred sentences third or subsequent deferred sentences DTTO proceedings template post conviction post conviction reviews third deferred subsequent deferred template increase templated drug treatment drug testing
Learn about the requirements when granting advice and assistance to a child.
under 16 under 12 curator parental responsibilities advice to a child acting on behalf of a child advice and assistance to a minor acting for child acting for a child
Changes of nominated solicitor under advice and assistance
Find out about the limited circumstances where we will consider allowing a change in a solicitor and how to do this.
transferring a grant of A&A transferring a grant of ABWOR changing solicitor new solicitor alternative representation fresh application for ABWOR transfer A&A transfer ABWOR ABWOR transfer A&A transfer change solicitor ABWOR chnage advice change A&A change block transfer block move
Second solicitor giving advice and assistance on the same matter: prior authority required
Find out what you need to do if your client is seeking A&A when they have already received advice from another solicitor.
duplicate application advice from a 2nd solicitor on the same subject matter second solicitor additional advice additional solicitor second opinion subsequent solicitors second solicitor 2nd seolicitor second grant
Assistance by way of representation (ABWOR) in summary criminal proceedings
General scope of ABWOR in summary criminal proceedings
Find out about the legislation governing the availability of ABWOR in summary criminal cases.
Criminal ABWOR assistance by way of representation availability of ABWOR in summary criminal cases providing representation in summary criminal proceedings
Assistance by way of representation (ABWOR) in summary criminal proceedings
The basics of making ABWOR available in summary criminal proceedings
Learn about who is eligible for Criminal ABWOR and providing ABWOR, including initial limits, increases in authorised expenditure and withdrawal from acting.
Financial eligibility other rights and facilities advice and assistance merits tests who can receive criminal ABWOR eligibility tests financial tests access to alternative funding factors of consideration applying tests
Assistance by way of representation (ABWOR) in summary criminal proceedings
Your role to grant ABWOR
Find out the decisions you must make before ABWOR can be granted.
ABWOR criteria financial eligibility custody not in custody solicitor responsibilities before granting ABWOR/ A&A financial checks satisfying yourself on eligibility of client merits tests financial tests all criteria satisfied within authorised limits applicable tests
Assistance by way of representation (ABWOR) in summary criminal proceedings
Our role to do post-grant verification checks – A&A and ABWOR
Find out which regulation governs ABWOR when your client is or is not in custody.
Custody not in custody SLAB checks post-grant verification retrospective action retrospective analysis of checks our provision to monitor correct checks applied in granting ABWOR/ A&A review of work retrospectively review of your admission procedures for ABWOR/A&A non-custody non custody
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR where client is not appearing from custody – when is it available?
Find out about the availability of “Interests of Justice” ABWOR in a summary case where the accused client is cited to appear or appears on an undertaking.
Not in custody undertaking to appear cited to appear interests of justice ABWOR cited appearance assisted person appears on undertaking appearance from custody failure to appear circumstances where ABWOR may be available when assisted person is not in custody
Assistance by way of representation (ABWOR) in summary criminal proceedings
Failure to appear – appearance on a warrant – continued availability of ABWOR
Find out about appearance on a warrant and interests of justice ABWOR continuing to apply.
Appearance on a warrant warrant appearance from custody failure to appear warrant taken failure to attend court non-attendance availability of ABWOR for interests of justice
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR for early resolution of cases
Guidance on regulations amending legal aid fee arrangements to allow the inclusive sheriff court summary fixed fee of £550.76 to be paid at an earlier stage
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR where client not appearing from custody: the interests of justice test
Learn about the factors you must consider in the relation to interests of justice test before providing ABWOR and how to demonstrate them.
Interests of justice likely loss of liberty or livelihood substantial question of law complex evidence unable to understand the proceedings inadequate knowledge of English physical or mental health
Assistance by way of representation (ABWOR) in summary criminal proceedings
ABWOR in summary cases – assisted person in custody – “appointed solicitor”
Find out about the ABWOR provisions where your client appears from custody
Appointed solicitor previous solicitor/firm and client relationship instructed directly able to act immediately who can provide ABWOR duty solicitor on call solicitor who can act for the client assisted person appearing from custody solicitor of choice
Assistance by way of representation (ABWOR) in summary criminal proceedings
Definition of “appointed solicitor” and principal criteria for acting
Read the criteria for acting as an appointed solicitor, including taking instructions directly from client and previous solicitor/client relationships.
Appointed solicitor appointed firm solicitor/client relationship direct instructions able to act immediately previous connection previous representation past dealings with client criteria for appointed solicitor who can act as appointed solicitor
Assistance by way of representation (ABWOR) in summary criminal proceedings
Criteria and conditions to act as appointed solicitor
View the criteria and conditions to be met to act as an appointed solicitor, and representation where solicitor also the duty solicitor.
Appointed solicitor Solicitor/firm and client relationship direct instructions able to act immediately previous connection previous representation past dealings with client criteria for appointed solicitor who can act as appointed solicitor previous relationship with client
Assistance by way of representation (ABWOR) in summary criminal proceedings
Examples of situations where you cannot appear as appointed solicitor on behalf of a client
View examples of situations where you cannot be an appointed solicitor and provide ABWOR.
Appointed solicitor duty solicitor acting for the accused released on an undertaking to appear cited to appear nominated solicitor contempt of court matter appearing from custody on a warrant
Assistance by way of representation (ABWOR) in summary criminal proceedings
Change of solicitor under summary criminal ABWOR
Find out the regulations that govern a change of solicitor in summary criminal ABWOR cases and how to make a transfer.
Change of solicitor transfer of agency solicitor transfer change of representation what to do in circumstances where you no longer act for assisted person notification of transfer cease acting for client end of representation services no longer required transfer of grant to another solicitor new solicitor on board fresh representation applying for a transfer
Assistance by way of representation in other criminal proceedings
The provision of general criminal ABWOR
Find out about the initial limits, applying for an increase in expenditure limits and change of solicitor when you have made ABWOR available to your client.
Assistance by way of representation in other criminal proceedings
Double jeopardy cases
View information about ABWOR arrangements for Double Jeopardy proceedings.
Double Jeopardy acquitted of an offence new prosecution same offence similar criminal proceedings 2nd prosecution for the same offence second prosecution
Assistance by way of representation in other criminal proceedings
General ABWOR proceedings for which a financial test is not necessary
Read information about listed proceedings where a financial test is not necessary.
Financial eligibility no financial test non means tested ABWOR proceedings means tests unnecessary no means tests applied no capital tests applied no income tests applied terrorism terrorism act TERF
Assistance by way of representation in other criminal proceedings
ABWOR proceedings needing our prior authority
View guidance on certain types of ABWOR that require our approval before it can be provided to your client.
Prior authority under ABWOR removal of disqualification proceeds of crime recovery of sensitive documents police custody ABWOR permission from board prior approval police station ABWOR ABWOR police station disqualification from driving proceeds of crime recovery proceedings
Distinct proceedings, bail, preliminary pleas, reduction from solemn to summary, desertion of proceedings, remits to the High Court
Find out about distinct proceedings that require separate legal aid applications.
Distinct proceedings separate legal aid applications applications for bail bail appeals automatic legal aid preliminary pleas reduction from solemn to summary solemn reduced to summary remit to High Court case deserted reduced reduction
Separate applications for legal aid under summary and solemn procedure
Learn about when separate applications for legal aid are needed.
Distinct proceedings two or more complaints or petitions matters arising out of the same incident split RTA cases failure to appear breach of bail desertion of a solemn case deserted proceedings re-raised reraised
When to make an application for automatic criminal legal aid, solemn and summary criminal legal aid and an appeal case
Find out when legal aid is automatically available and when you still need to make an application.
Automatic legal aid summary procedure solemn procedure tendering a plea of not guilty court grants of legal aid 23(1)(b) first custodial sentence appeals against conviction and/or sentence automatically available legal aid appeal against sentence appeal against conviction
Criminal legal aid for a referral to the European Court, compatibility issues and the UK Supreme Court
Learn about what criminal legal aid covers in other proceedings.
European Court Devolution issues Supreme Court UK Supreme Court incompatible translation of rights International grants EU Court of Human Rights devolved issue
Find out the circumstances in which criminal legal aid is available without application to us and regardless of your client’s resources.
ID parades custody cases mental health sexual offences child witnesses vulnerable witnesses Domestic Abuse Act 2018 trials in absence no financial test no merits test free legal aid automatic legal aid
Learn about how your client can choose a solicitor and the scope of work covered by automatic legal aid in solemn proceedings.
Solemn procedure admitted to bail bail appeal first brought before the sheriff for examination automatic legal aid automatic solemn legal aid solemn automatic sheriff examination
Automatic legal aid for summary proceedings, duty solicitors and appointed solicitors
Learn about automatic legal aid in summary proceedings and details about specific circumstances where this applies.
Appearing from custody undertaking to appear duty solicitor solicitor of choice appointed solicitors preliminary pleas court appointed solicitor appointed by court
Automatic legal aid for cases involving mental health issues, pleas in bar of trials, mental health proof, examination of facts, section 62 or 63 appeals
Find out about automatic criminal legal aid for clients with mental health issues.
mental health proofs examination of facts insane and unfit to plead unfit to plead insanity section 62 section 63 mentally unfit unfit for trial mental health issues declared insane insanity plea
Automatic legal aid for new prosecution for the same or similar offence
Learn about the automatic availability of legal aid when a new prosecution for the same offence takes place.
Setting conviction aside ordering a re-trial new prosecution same offence similar offence retrial ordering retrial repeat offence additional complaints fresh complaint fresh indictment further complaint
Read more about the form used for automatic criminal legal aid cases and circumstances when this form is utilised.
CRIM/COURTAPP form court form drug court youth court court appointed solicitors child witnesses vulnerable witnesses domestic abuse cases trials in absence intimation form
Continuity of representation outwith your period of court duty
Find out why it can sometimes be beneficial for you to continue to act outwith their period of court duty.
Period of duty continuity of representation representation for additional charges continued client/solicitor relationship further representation representation continued representation client solicitor relationship
Criminal court duty plans, eligibility criteria and consultation with local faculties
Find out what the court duty plans cover, their eligibility criteria and how we consult on them.
Period of duty place of business practising certificate list of eligible duty solicitors court duty plans assigned representation criteria for solicitors
Learn about how court duty solicitors delegate attendances to other solicitors.
Delegating a duty appearance selection of duty solicitor how is duty solicitor chosen allocation of appearances transfer of court duty work delegate duty select duty solicitor exchange duty solicitor
Applications to the court for legal aid in a summary 23(1)(b) case
View guidance on the procedure and considerations when you apply to the court for a grant of criminal legal aid
Section 23(1)(b) consideration of first custodial sentence contempt of court applications to court certification granted automatically summary solemn crim/courtapp Section 30(1) first offence no previous convictions first conviction only offence
How to complete a court application form CRIM/COURTAPP
Read guidance on completing CRIM/COURTAPP court application form.
CRIM/COURTAPP form court application how to complete CRIM/COURTAPP necessary information for court application form information required for CRIM/COURTAPP form court legal aid court granted
Applications for Exceptional Case Status in summary criminal proceedings
Factors we take into account when assessing exceptional case status
Learn how we assess an exceptional case status application, the test and info we need, factors and information on outlays, trial days, travel to proceedings.
Exceptional applications exceptional factors exceptional status test detailed fee outlays add-ons travel to court exceptional case status
Time limit for applications in summary proceedings
Find out how long you have to apply for legal aid in summary proceedings and when the court can adjourn proceedings to allow submission of an application.
Within 14 days of the not guilty plea late applications time limit summary application time limit summary limit summary time limit
Statutory criteria for a grant of criminal legal aid in summary proceedings
Learn about the statutory criteria of undue hardship and interest of justice in summary proceedings.
Statutory criteria Assessment of client’s financial means undue hardship statutory criteria in summary proceedings relevant tests in summary proceedings interests of justice test other rights and facilities other means of paying for legal aid other rights other facilities
Statutory factors to be taken into consideration when applying the interests of justice test in JP Court cases
Find the criteria we must apply when considering if it is in the interests of justice to grant legal aid to your client in summary proceedings in JP Court cases
Interests of justice custodial sentence loss of employment legal complexity case law inability or disability defence factors to be considered interest of the court
Financial eligibility for summary criminal legal aid
Undue hardship test in summary criminal legal aid applications
Learn about the undue hardship test in summary criminal applications and the information we need to assess it.
Undue hardship financial circumstances financial eligibility expenses of the case cannot be met financial resources assessed expenses exceeding client’s income income outgoings payments Section 24(1)(a) of the Legal Aid (Scotland) Act dependants dependents clients financial situation bank statement proof of income passport benefit non passport benefit self-employed partner’s finances partner finances
Financial eligibility for summary criminal legal aid
Assessing disposable income
Find out how we assess disposable income and what outgoings can be included.
Passport benefit non-passport benefit passport benefits non-passport benefits earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit income limit income income types
Financial eligibility for summary criminal legal aid
Assessing disposable capital
Find out what we consider when assessing disposable capital and what we include and exclude in our calculations.
Disposable Capital savings capital assets owned by the client possessions of value capitalised income income capital clients assets personal expenses capital investments clients means clients subsistence money in the bank allowances 2nd property ISAs shares savings account assets means subsistence second property saving account
Limited availability if your client has other rights and facilities
Find out about the availability of solemn legal aid when your client has other rights and facilities available to pay for representation.
ORF insurance cover union cover additional financial support other rights other facilities financial help financial cover financial policies insurance membership member of a body employee rights insurance policy
Assessment of undue hardship in solemn proceedings
Find out about the undue hardship test, the evidence you need to provide about your client’s finances and how we must assess this.
Undue hardship client low income considerations of meeting expenses of case affording legal expenses financial assessment ineligible on income client income at lower limit client’s dependents assessed dependents finances applicant income applicant finances income lower limit limit income income limit
Learn about when we are able to make special urgency cover available in solemn proceedings and our requirements.
Regulation 15 cover special urgency cover emergency cover special urgency grant urgent cover immediate cover immediate aid urgent grant readily available support unassessed special grant
Procedure for review of our decision to refuse legal aid
Find out how you can apply for a review of a refusal of a solemn legal aid application and how to submit a fresh application.
review applying for a review appeal for a refusal reconsider an application review of a decision fresh application new supporting documentation change in financial circumstances change finances
Financial eligibility for solemn criminal legal aid
Undue hardship test in solemn criminal legal aid applications
Learn about the undue hardship test in solemn criminal applications and the information we need to assess it.
Undue hardship financial circumstances financial eligibility expenses of the case cannot be met client cannot afford expenses of case low income client client below threshold on income client’s financial situation expenses of case exceed income financial resources assessed expenses exceeding clients income. Income outgoings payments dependants dependents bank statement proof of income Section 23A of the Legal Aid (Scotland) Act 1986 passport benefit non passport benefit self-employed partner’s finances can't afford benefits
Financial eligibility for solemn criminal legal aid
Assessing disposable capital
Find out what we consider when assessing disposable capital and what we include and exclude in our calculations.
Disposable Capital savings capital assets owned by the client financial assets financial property valuable possessions financial resources client wealth expensive good owned by client client’s estate money in the bank allowances 2nd property ISA’s Shares second proerty second home landlord
Approval for the employment of expert witnesses procedures and timings
Find out when and how you can get prior approval for the employment of an expert witness.
Witness expert witness approval for expert expert sanction expert approval sanction for expert apply for approval expert under A&A comparative quote limit on expenditure template retrospective approval applying for sanction for an expert application to employ an expert witness guidelines for sanction applications how to apply for approval of an expert expenditure limit comparative quotes comparitive quotes expert witness fee expert witness fees expert fee expert fees hourly rates expert reports
Additional guidance on specific expert witnesses – defence post mortems, drug experts, psychologists, psychiatrists, forensic accountants
Additional guidance on specific expert witnesses – defence post mortems, drug experts, psychologists, psychiatrists, forensic accountants
witness expert expert witness professional witness transcription of evidence interpreter translator inquiry/enquiry agent interpreter/translator accountant GP doctor who is deemed an expert witness difference between professional witness and expert professionals giving evidence sanction required or not for use of a witness judging who is an expert or a witness scope of evidence sanction for professional witness sanction sanction for expert witness sanction for translator enquiry agent sanction approval expert witness approval for witness approval for expert interpreter sanction sanction for interpreter approval for interpreter
Approval for counsel – test, definitions and principles
Read about the legal basis of the tests, when you need to request our approval, definition of counsel in different courts and our approach to applying the test.
Definition of counsel counsel solicitor advocate approval/sanction test appropriate test tested factors approval procedure approval test sanction test counsel test advocate test getting sanction getting counsel employing counsel
Circumstances where approval for counsel is required
Find out when you need to make an application for prior approval for the employment of counsel.
Approval/sanction for counsel need for counsel automatic approval/sanction approval procedure asking counsel to act funding for counsel prior approval slab permission for counsel employment of counsel employment of experts approval for councsel sanction for counsel counsel approval counsel sanction sanction procedure sanction process approval process snaction
Read about the factors we will consider and the information you need to provide us with to make a decision.
Approval/sanction for counsel retrospective approval/sanction for counsel automatic approval/sanction factors for approval/sanction of counsel considerations before employing counsel supporting factors for counsel automatic snaction automatic approval sanction factors approval factors sanction for counsel approval for counsel
Approval of counsel at the Petition stage in High Court proceedings
Read about the situations in which you need approval to employ counsel at the petition stage and the information you need to provide us with to make a decision.
approval/sanction for junior counsel automatic approval/sanction of counsel junior in High Court levels of support granted approval for additional support suitable work for junior counsel junior counsel high court counsel support counsel counsel support junior counsel support junior counsel sanction sanction junior counsel
Applications for employment of senior counsel, more than one junior counsel and senior counsel acting alone
Read about limitations on the use of counsel depending on the basis of our approval and the extent to which counsel can conduct proceedings when approved by us.
Approval/sanction for senior counsel in High Court/SAC retrospective approval/sanction for counsel factors for approval/sanction of senior counsel approval/sanction for two junior additional junior counsel prior approval for additional employment of counsel equity of arms further counsel retrospective requests senior counsel senior advocate sanction for senior counsel senior counsel sanction sanction senior counsel approval senior counse senior counsel approval retrosepctive sanction two junior counsel extra junior counsel
Read guidance on the employment of counsel in the Appeal Court
Approval/sanction for counsel’s Opinion consultation limitations on use of counsel remit of counsel limitations of grant only certain items of work covered particular purpose of grant counsel opinion counsel's opinion opinion of counsel sanction for opinion approval for opinion work covered limit sanction limit approval limit
Work that needs our prior approval after legal aid granted
Applying for prior approval
View information on when our prior approval is required prior to undertaking or instructing certain work and the process of making an application.
Approval sanction procedure for approval/sanction prior approval reconsider/review decision retrospective sanction/approval work which requires prior sanction/approval request for sanction/approval employment of expert witness employment of counsel applying for grant for unusual work applying for grant for work of unusual expenditure retrospective approval review decision reconsider decision request approval sanction approval retrospectie sanction
unusual unusual work unusually large expenditure retrospective sanction retrospective approval evidence on commission expensive cases applying for our approval circumstances where no approval is needed circumstances where you require to apply to us for approval costs pre-approved work pre-approved guidelines for approval how to apply for approval sanction no sanction needed no apporval needed preapproved
Learn about the process of taking defence statements in a High Court case and whether you need our prior approval to do this work.
defence statements taking statements no disclosure approval/sanction for defence statements formal witnesses multiple accused cases crowns defence statements available or not when are statements and productions available timings for disclosure of statements availability of statements sanction for defence statments defence statement sanction approval defence statement
General availability of criminal legal aid for appeals and status as distinct proceedings
Find out when and how to apply for criminal legal aid for an appeal.
Appeals criminal appeals note of appeal stated case bill of suspension bill of advocation petition to nobile officium Crown appeal appeal to UK Supreme Court referral by SCCRC late appeal reconsiderations review appeal proceedings distinct proceedings
Supporting documentation you should provide in a legal aid application for a criminal appeal
Read a summary of what supporting documentation is needed for an application for criminal legal aid for an appeal.
Supporting documentation appeal application additional information for appeal what to include alongside appeal application further evidence for appeal documentation required for appeal necessary documentation
Appeal applications where financial eligibility test to be applied and information on assessing a client’s disposable income
Find out what information we need on your client’s income and how we apply the financial test on disposable income.
Financial eligibility financial test passport benefit non-passport benefit earnings from employment drawings from self-employment outgoings calculating disposable income assessment of client’s income review of earnings means test
Information on assessing a client’s disposable capital where financial test to be applied in a criminal appeal application
Find out what information we need on your client’s capital and how we apply the financial test.
Financial eligibility disposable capital calculating disposable capital cash in bank savings capital assets owned by client stocks and shares client’s assets financial assets cash at client’s disposal value of possessions investments client’s expenses disregards disregarded forms of capital
Availability of legal aid in appeals for a client with other rights or facilities to assist with legal costs
Learn if you can apply for legal aid in a criminal appeal if your client has other sources of funding to cover your fees.
Other rights facilities insurance policy legal insurance ORF insurance cover union cover additional financial support financial help financial cover financial policies insurance membership member of a body employee rights
Legal aid application for an appeal where leave to appeal is not required
Learn about the process for making an application for legal aid for an appeal other than under sections 106(1) or 175(2) and the interests of justice test to be
Merits test test tests for a criminal appeal nobile officium bill of suspension bill of advocation interests of justice test necessary tests mandatory factors compulsory tests evaluation of justice evaluation of factors weighing up factors for criminal appeal
Power of the High Court to determine interests of justice test in appeal applications
Learn about the power the High Court has to overturn our decision to refuse a legal aid application for an appeal based on the interests of justice test.
High Court determination refusal of legal aid for an appeal
Legal aid for an appeal by a person convicted of an offence who has since died Criminal legal aid for appeals in Scottish Criminal Cases Review Commission cases
Find out how legal aid can be made available where the client dies.
Convicted person dead deceased client/appellant dead client
Criminal Legal Assistance Procedures for the Sheriff Appeal Court
Guidance on all appeals against conviction, sentence, other disposal or acquittal in summary procedure cases being heard by the Sheriff Appeal Court
appeals conviction sentence other disposal acquittal point of law summary procedure cases Sheriff Appeal Court regulation 15 Section 175 A of the Criminal Procedure Section 194ZB of the Criminal Procedure late appeals Finality of Proceedings
Find out how we identify high cost or complex cases and the typical cost of these.
high cost complex cases criteria for high cost case factors for high cost case identifying complex cases signs of a high cost case early signs of a lengthy case indicators of a high cost case significant indicators identifiable triggers
Our role in identifying and avoiding duplication of work across high cost cases
Learn how we seek to prevent duplication of work and reduce costs in cases involving several parties.
Duplication in high cost case management of high cost case avoiding duplication of work avoiding excessive costs sharing of resources in high cost case
Good practice in complex criminal cases – High Court Protocol
Learn about the High Court Practice Note and Protocol on the Management of Lengthy and Complex Criminal Cases.
Management of a high cost case High Court Practice Note High Court protocol good practice for high cost case good practice for lengthy cases protocol to reduce lengthy cases reducing time length of case reducing case costs management of high cost cases management of lengthy cases measures to put in place handling techniques
Nominated solicitor ceasing to act for the assisted person
Find out what you need to do if you decide to stop acting for your client who has been granted legal aid.
No longer acting ceasing to act withdrawal from acting regulation 17 regulation 18 solicitor wishes to end representation of client dismissal of client end of solicitor/client relationship conclusion of representation end representation relationship end
Find out what you need to do if your client no longer wants you to act for them in a criminal legal aid case.
Ceasing to act withdrawing instructions sacked solicitor end of representation dismissed solicitor dispensing of solicitor services conclusion of client/solicitor relationship client no longer wishing solicitor to act fired ended relationship ended left
Learn about the transfer process and the tests we must follow to decide if a change in solicitor can be granted.
Transfer of agency declaration reasons for transfer good reason test circumstances constituting suitable reasons for transfer of solicitor transfer of representation suitable reasons for change of solicitor reasonable transfer client transfer AP transfer transfer client trasnfer AP
Turnaround time for applications for change of solicitor
Learn about how long it takes us to make a decision on a transfer request, how you will be notified and whether it can be reconsidered.
Effective date urgent decision notification period transfer timings turnaround for solicitor transfer timings for an application for a change of solicitor timings for a solicitor transfer how long will it take before transfer of solicitor is effective
Proceeds of crime work where no legal aid in the first instance
Find out when you need to submit a new application and sanction requests during proceed of crime proceedings if criminal legal aid was not previously granted.
Proceeds of crime where no legal aid advice and assistance for proceeds of crime cases civil recovery unit ABWOR with no initial grant proceeds of crime grant A&A proceeds of crime proceeds of crime A&A
Aggregation for time at court including any necessary travel
Guidance on how fees for time at court and travelling must be calculated and makes clear they are payable on the basis of the total time engaged per day
Learn about the definition of these proceedings and possible additions to the fixed payment.
same incident arising from arising out of exceptions to single payment exceptions to arising from same incident not arising from same incident deferred sentences/add-ons where arising from same incident
Learn what proceedings you need to lodge a detailed account for and the main features of this work.
excluded proceedings Procedural appeals devolution issues detailed account Reduction from solemn proceedings Identification parades Appearance from custody Plea of insanity in bar of trial examination of facts Article 234 reference matters of special urgency extradition issues International Criminal Court Sexual offence child witnesses vulnerable witnesses appeals relating to preliminary pleas Compatibility issue
Find out how many grants of advice and assistance you should make when dealing with several different matters and what is meant by a ‘distinct matter’.
Regulation 8(2) (b) Advice and Assistance (Scotland) Regulations 1996 multiple grants separate grants distinct matters
Situations where fresh grants of advice and assistance are required for the same client in proceedings under the Children’s Hearings (Scotland) Act 2011
Find out when you need a fresh grant of A&A for your client and how far you can act under one grant throughout the children’s hearing process.
The limit of authorised advice and assistance expenditure
This page includes information on the limit of authorised expenditure in A&A. It covers what the limit is, how you can apply for an increase, our process for reconsidering a rejected request for an increase, urgent telephone requests for increases and the availability of retrospective increases.
Find out the criteria for when a nominated solicitor can be changed in a grant of advice and assistance and the procedure for the change being made.
Change of solicitor transfer nominated solicitor procedure for changing solicitor change solicitor transfer client client transfer chnaging solicitor block transfer block move
Second solicitor giving advice and assistance on the same matter
Read about the legislative provisions in relation to a second solicitor giving advice and assistance on the same matter and need for our prior authority.
Regulation 13(2) Advice and Assistance (Scotland) Regulations 1996 second or subsequent solicitor prior authority effective date second solicitor subsequent solicitor duplicate advice same topic
Could a client receiving advice and assistance end up paying money recovered or preserved back to the Legal Aid Fund?
Find out about the likelihood and implications of your client being subject to property recovered or preserved (clawback) provisions under Children’s A&A.
Clawback property recovered or preserved property recovered and preserved
Assistance by Way of Representation for children’s proceedings
General scope of ABWOR in proceedings under the 2011 Act and Part 4 of the 2019 Act
Find out the definition of ABWOR and what it covers, including the position on written submissions and taking witness statements or precognitions.
section 6(1) of the Legal Aid (Scotland) Act 1986 Regulation 3A of Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 representation written submissions drafting statements precognitions category code
Assistance by Way of Representation for children’s proceedings
Templated increases in authorised expenditure for certain hearing types where ABWOR has been granted under the 2011 Act
Find out when a templated increase in expenditure is available under ABWOR for 2011 Act cases including what work it covers.
Template templated increase S35 Child Assessment Order application S38 Child Protection Order application second working day hearing s48 CPO application secure hearing custody hearing
Assistance by Way of Representation for children’s proceedings
Availability of ABWOR to the subject child
Read about when you may provide ABWOR directly to a child in various proceedings under the 2011 and 2019 Acts, including what you must satisfy before doing so.
Regulation 3A of Advice and Assistance child assessment order CAO child protection order CPO section 35 of the Children’s Hearings section 38 of the Children’s Hearings Age of child providing instructions Specified hearings Unspecified hearings All other hearing types Second working day hearing 2nd working day hearing Pre-hearing panel Secure hearing Section 48 Variation or termination of CPO Child appearing from a place of safety after the alleged commission of an offence Templated increase place of safety
Assistance by Way of Representation for children’s proceedings
Availability of ABWOR to relevant persons and deemed relevant persons in 2011 Act proceedings
Find out about the availability of ABWOR to relevant persons and deemed relevant persons in various 2011 Act proceedings, and who applies the mean/merits tests.
Regulation 3A Definition of relevant person Regulation 3A Solicitor applying means and merits tests child assessment order CAO child protection order CPO section 35 of the Children’s Hearings section 38 of the Childrens Hearings Specified hearings Unspecified hearings All other hearing types Second working day hearing 2nd working day hearing Pre-hearing panel PHP Secure hearing Section 48 Variation or termination of CPO Child appearing from a place of safety after the alleged commission of an offence Templated increase Regulation 13 Prior approval Section 81 of the Children’s Hearings S81 Determination Section 81 Determination S126 hearing Section 126 Hearing DRP Deemed relevant person
Assistance by Way of Representation for children’s proceedings
Availability of ABWOR to a ‘section 126 individual’
Read about the availability of ABWOR to 'S126 individuals', relevant definitions and when prior approval is required in these cases.
Section 126 S126(2)(b) or (3) of the Children’s Hearings (Scotland) Act 2011 Regulation 3A(1)(c) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 S126 hearing Section 126 hearing S126 individual definition of Section 126 individual Prior approval
Assistance by Way of Representation for children’s proceedings
Availability of ABWOR to a ‘non-deemed relevant person’ under the 2011 Act
Read about the availability of ABWOR to 'non-deemed relevant persons', a definition of this term and what happens when a person is 'undeemed'.
Non-deemed relevant person Non deemed relevant person NDRP Pre-hearing panel Pre Hearing panel PHP Regulation 3A(1)(d) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 Relevant person status Undeemed
Assistance by Way of Representation for children’s proceedings
Availability of ABWOR to a ‘Participation Individual’ and to a ‘Non Deemed Participation Individual’ under the 2011 Act
Section 25 of the Children (Scotland) Act 2020 introduces rights of participation (‘participation rights’) in children’s hearings for certain individuals
Assistance by Way of Representation for children’s proceedings
The effective participation test
This page provides guidance on the ‘effective participation’ test in ABWOR. It sets out the regulatory factors considered in ‘effective participation’ and how they are assessed. These include the complexity of the case; the nature of the legal issues involved; the ability of the person to consider or challenge documents or information, and to present their views in an effective manner. It also provides information on the availability of ABWOR where the client is not present.
Regulation 13 Regulation 3A Regulation 14 of the Advice and Assistance Merits test for ABWOR Effective participation test Effective Participation test Effective Participation Test factors EPT Regulatory factors for effective participation test Client not present at hearing s73 and s74 of Children’s Hearings Attendance at hearing compulsory Complexity Legal issues Ability of client to challenge document or information Ability of client to present their views in an effective manner
Assistance by Way of Representation for children’s proceedings
When fresh grants or applications for ABWOR are required for 2011 Act proceedings
This page includes information on when you need to apply for a fresh grant of ABWOR, and when you can continue to provide ABWOR for a hearing under an existing grant. It also sets out our position on whether fresh applications are needed for eighth working day hearings; interim compulsory supervision orders; and pre-Hearing panels.
Fresh grants of ABWOR Fresh applications for ABWOR Deferred hearing Deferred hearings Substantive decision Interim compulsory supervision order ICSO Interim variation of a compulsory supervision order IVCSO Eighth working day hearing 8th working day hearing Second working day hearing 2nd working day hearing Remit hearing Pre hearing panel PHP
Assistance by Way of Representation for children’s proceedings
Examples of when you should make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing in 2011 Act proceedings
View hypothetical examples of when you would make a fresh grant or application for ABWOR or where an increase request is sufficient for the next hearing.
fresh grant of ABWOR examples common scenarios FAQ when is an increase required for the next hearing
Read a definition of advice and assistance and what it covers, how representation is defined and about A&A in the context of English or foreign law matters.
section 6 of the Legal Aid (Scotland) Act 1986 English law Foreign law children’s ABWOR children’s A&A representation definition
Find out who may provide advice and assistance, including the roles of trainees, unqualified staff, safeguarders and curators ad litem.
Regulation 8 (1) definition of solicitor trainees unqualified staff safeguarders curators ad litem Section 6 of the Legal Aid (Scotland) Act 1986 Rule 3.9 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 Children 1st rule 3.9 children grant children first
Read about who can receive advice and assistance: what is meant by a ‘person’, and who can apply on a child’s behalf.
definition of person who is a person applications for advice and assistance by safeguarders applications for advice and assistance by curators ad litem applications for advice and assistance by children Regulation 6(2) Advice and Assistance (Scotland) Regulations 1996 safeguarder safeguarder application curator ad litem curator advice curator ad litem advice and assistance
Does your client have any other rights and facilities?
Read about the availability of advice and assistance for applicants with other rights and facilities, or reasonable expectations of financial (or other) help.
Other rights and facilities legal expenses insurance availability of A&A other rights other facilities other help insurance insurance cover
Questions to ask your client when assessing their eligibility
This page includes a list of example questions you may want to ask clients when assessing their financial eligibility for advice and assistance, and relevant information you should see. It includes questions to ask child applicants; married or cohabiting applicants; and applicants with more than one dwelling house. It also covers the issue of deprivation of resources, and what to do if the client is unable to answer these questions at a first meeting.
Deprivation of resources Regulation 7 of the Advice and Assistance (Scotland) Regulations 1996 spouse married couple civil partnership degree of mutual support cohabitee dwelling house second home couples living separate and apart contrary interest aggregation of resources resource aggregation living apart living seperate living separate couples separted couple separated dwelling house
Summary of your responsibilities in providing advice and assistance
Read a list of your main responsibilities and decisions you will need to make when providing advice and assistance and assessing client eligibility.
Solicitor’s responsibility in providing advice and assistance client already received advice and assistance from another solicitor satisfying yourself solicitor’s decisions my responsibility solivitor responsibility second grant
Payment of Safeguarders and Curators Ad Litem in children’s hearings court proceedings
Find out who pays the fees and expenses of safeguarders and curators ad litem in proceedings under the Children’s Hearings (Scotland) Act 2011.
Henderson –v- Henderson 1194 SCLR 553 Nugent –v- Nugent Glasgow Sheriff Court 1998 unreported Safeguarder Curator ad litem section 28B(2) of the Legal Aid (Scotland) Act 1986 safeguarder fees Children 1st Payment of curators ad litem No legal aid for curators’ fees
Appointment and payment of safeguarders where the safeguarder is a practicing solicitor
Find out about what legal aid is available when a safeguarder has been appointed to a child, including where the safeguarder is a practicing solicitor.
rule 3.9(2) of the Act of Sederunt (Child Care and Maintenance Rules) 1997 Safeguarder cannot act as solicitor for child Children 1st No legal aid for safeguarder’s costs Safeguarder instructing solicitor
Appointment and payment of curators ad litem who are also practicing solicitors
Find out if and when a court appointed curator ad litem to a child or incapable adult can apply for legal aid for that person.
dual capacity Solicitor acting as curator ad litem Charges for work done as curator Written report Contact visits Curator instructing own solicitor Curator instructing separate solicitor
When increases in children’s cases are required: different types of children’s hearings and court hearings
This page provides information on when increases in children’s cases are needed. It covers when increases may be needed in: an initial Children’s Hearing; at a criminal advice hearing; at an adoption advice hearing; in relation to Child Protection Orders and related hearings and Part 4 orders under the Age of Criminal Responsibility (Scotland) Act 2019. The sections set out the levels of increase generally available and the circumstances in which they may be needed.
Initial limit increase initial children’s hearing criminal advice hearing adoption advice hearings increases for hearings Child Protection Orders second working day hearing eighth working day hearing expenditure limit Part 4 Orders
Find out what increase may be available for appeals against decisions of children’s hearing, what it will cover and the relationship to children’s legal aid.
appeal to the sheriff against decision of children’s hearing children’s appeals A&A for appeals children hearing appeal
Appeals to the Sheriff Appeal Court and/or Court of Session
Find out what increase may be available for appeals to Sheriff Appeal Court or Court of Session, what it will cover & the relationship to children’s legal aid.
S163 Appeal Sheriff Appeal Court Court of Session which court do I appeal a decision of the sheriff to A&A for appeals Part 4 Order Appeals to the sheriff appeal court Age of Criminal Responsibility
This page provides information on increases for the use of counsel within children’s A&A or ABWOR. It covers the limited scenarios in which the use of counsel under A&A is likely to be permitted (Opinions and consultations); the factors SLAB considers when assessing increase requests for counsel’s Opinion (including for appeals); the use of senior counsel; whether an increase is available for counsel to draft court documents; and the use of counsel in ABWOR cases.
counsel counsel’s opinion consultation counsel’s opinion on prospects of appeal senior counsel Regulation 21 of the Children’s Legal Assistance (Scotland) Regulations 2013 counsel in ABWOR cases
Verification of financial eligibility for children’s advice and assistance and ABWOR
The purpose of verification of financial eligibility
Find out about your obligation to obtain adequate verification of your client’s financial eligibility, and your client’s related responsibilities.
Financial eligibility in children’s A&A financial verification documentary evidence verification of income and capital savings is client eligible for advice and assistance disposable income and capital
Verification of financial eligibility for children’s advice and assistance and ABWOR
Capital eligibility: must be checked even if your client is receiving a passported benefit
Read about why you should verify your client’s capital, even if they receive a passported benefit, as well as the types of documentary evidence required.
Eligibility on capital passported benefit documentary evidence bank statement examples of capital verification what does capital consist of what is included as capital
Verification of financial eligibility for children’s advice and assistance and ABWOR
Client’s eligibility on income
This page covers how you should go about verifying that your client is eligible to receive children’s A&A or ABWOR based on the income they receive. It covers the kind of evidence you should see from employed clients; self-employed clients; and clients in receipt of benefits. It also sets out what you should do in cases where your client declared they have no source of income.
Income employment self-employed employed applicants benefits passported benefit verification of income sources of income what if client has no income verification of passported benefits verification required for self-employed applicants clients
Verification of financial eligibility for children’s advice and assistance and ABWOR
Verification in prisoners’ cases
Find out how to verify financial eligibility for A&A when the client is a prisoner in custody, and how aggregation of resources will be treated in these cases.
Prisoner custody spouse or partner on remand when is a client living separate and apart contrary interest spouse partner
Verification of financial eligibility for children’s advice and assistance and ABWOR
What period should documentary evidence cover?
Read about the period of time which documentary evidence on client financial eligibility should relate to and satisfying yourself as to on-going eligibility.
Verification documentation age of documentation period of time for financial verification on income and capital savings verification period capital verification incom verification
General scope of children’s legal aid for 2011 Act Cases
Read an introduction to this chapter, a statement on the proceedings for which children’s legal aid is available and in which courts for 2011 Act cases.
Read about the range of proceedings children’s legal aid is available for, and the definition of “child” in the Children’s Hearings (Scotland) Act 2011.
Section 28B of the Legal Aid Section 199 of the Children’s Hearings definition child availability children’s legal aid Children’s Hearings children's act
Find out the definition of children’s legal aid, who it is available to (including ‘relevant persons’) and whether it covers work by a Safeguarder or curator.
Children’s legal aid Legal aid for person seeking deemed relevant person status Legal aid for S126 individual relevant person deemed relevant person
Other proceedings for which children’s legal aid is NOT available
Find out if you can get children’s legal aid for a judicial review, petition to the Nobile Officium or Judicial Committee of the Privy Council and Supreme Court
Judicial review Petition to the Nobile Officium Judicial Committee of the Privy Council and Supreme Court Privy Council Nobile Officium Supreme Court
Exclusion Orders – S76 to 80 of the Children (Scotland) Act 1995
Find out whether your client can receive children’s legal aid for Exclusion Orders under S76-80 of the Children (Scotland) Act 1995, plus relevant cost limits.
S76 to S80 of the Children (Scotland) Act 1995 exclusion orders availability of children’s legal aid section 76 section 80 section 77 section 78 section 79
Sheriff Court Applications for children’s legal aid
General – applications to us
Find out who you must apply to when seeking children’s legal aid for children’s court proceedings, and which court proceedings are covered under the 2011 Act.
Children’s court proceedings application to sheriff 2011 Act
Sheriff Court Applications for children’s legal aid
2011 Act cases concerning multiple children: multiple applications by Relevant Persons or other adult individuals not required
Find out how many legal aid applications you should submit in a case concerning multiple children, in context of conjoined court hearings under the 2011 Act.
multiple applications multiple children Conjoined court hearings
Sheriff Court Applications for children’s legal aid
Application directly by a child for children’s legal aid for 2011 Act children’s court proceedings
Find out how to determine if a child can apply for legal aid on their own behalf: assessing ‘general understanding of what it means to instruct a solicitor’.
Accepting instructions from a child General understanding of what it means to instruct a solicitor Age of Legal Capacity (Scotland) Act 1991 Child under 12 Child aged 12 or more direct application by a child applications by children under 12 application by child Children’s Hearings (Scotland) Act 2011 Age of Criminal Responsibility (Scotland) Act 2019
Sheriff Court Applications for children’s legal aid
2011 Act applications for children’s legal aid by a Safeguarder
Find out about the rules on Safeguarders applying for children’s legal aid and the consequences of Safeguarders instructing another solicitor to act.
Safeguarder acting as solicitor or advocate Payment for Safeguarders Children 1st Rule 3.9(2) of the Act of Sederunt (Child Care and Maintenance Rules) 1997 Section 32 Children’s Hearings (Scotland) Act 2011 safeguarder as solicitor safeguarder as advocate solicitor safeguarder children first
Sheriff Court Applications for children’s legal aid
Applications for children’s legal aid by a curator ad litem
Find out if a curator can also act as solicitor for the client, if their work is covered by children’s legal aid and if a curator instruct a separate solicitor.
Curator ad litem Payment of curator ad litem Dual capacity Curator as solicitor
Sheriff Court Applications for children’s legal aid
Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a child
This page provides information on the statutory criteria we apply when assessing applications for children’s legal aid by children in sheriff court proceedings under the 2011 Act.
Section 28D(3) of the Legal Aid (Scotland) Act 1986 best interests of the child best interests test financial eligibility reasonableness test welfare principle s101 statement of grounds proof statement of grounds s98 or s99 of Children’s Hearings (Scotland) Act 2011 Application to vary or extend ICSO Application to vary or extend an interim compulsory supervision order Separate application S154 appeal to the sheriff Appeal against children’s hearing decision Grounds of appeal S110 review of grounds determination S110 review of grounds application Fresh evidence proof Grounds review under Children (Scotland) Act 1995 Safeguarder Curator ad litem Sheriff Court Practice Note Practice Note no 1 2018 for the Sheriffdom of Glasgow and Strathkelvin
Sheriff Court Applications for children’s legal aid
Statutory criteria for legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011 where your client is a relevant person or deemed relevant person
Statutory criteria for assessing children’s legal aid (relevant or deemed relevant person as applicant) under 2011 Act: financial eligibility, reasonableness.
Section 28E(3) of the Legal Aid (Scotland) Act 1986 financial eligibility reasonableness reasonableness test s101 statement of grounds proof statement of grounds s98 s99 ICSO interim compulsory supervision order S154 2011 Act Appeal against children’s hearing decision Grounds of appeal S110 Children (Scotland) Act 1995 Curator ad litem Sheriff Court Practice Note Sheriffdom of Glasgow and Strathkelvin
Sheriff Court Applications for children’s legal aid
Statutory criteria for legal aid for sheriff court appeal proceedings relating to deemed or undeemed relevant person status
Find out about the statutory application criteria for sheriff court appeal proceedings relating to deemed or undeemed relevant person status.
Section 28F(2) of the Legal Aid (Scotland) Act 1986 financial eligibility reasonableness substantial grounds deemed relevant person status s160 relevant person status appeal Undeemed 7 day time limit
Sheriff Court Applications for children’s legal aid
Statutory criteria for legal aid for sheriff court appeal proceedings under the Children’s Hearings (Scotland) Act 2011 where a client is a section 126 individual
Statutory assessment criteria for sheriff court appeal proceedings under 2011 Act where your client is a section 126 individual, incl. effective participation.
Definition of S126 individual S161 appeal Regulation 5(3) of the Children’s Legal Assistance (Scotland) Regulations 2013 Children’s Hearings (Scotland) Act 2011 meaning of S126 individual Effective participation test Reasonableness test Financial eligibility test Regulatory factors Nature and complexity of case Ability to consider and challenge any document or information Ability to give views in an effective manner
Sheriff Court Applications for children’s legal aid
Supporting information you should send with application for children’s legal aid for sheriff court proceedings under the Children’s Hearings (Scotland) Act 2011
Information and supporting documentation you need to send with a sheriff court legal aid application for various court hearing types under the 2011 Act.
supporting information statements precognitions statement of grounds fresh evidence grounds of appeal
Sheriff Court Applications for children’s legal aid
Review of refusal of legal aid or conditions on the grant of legal aid
Find out about how to apply for a review of our decision where legal aid is refused or granted with conditions.
section 28H of the Legal Aid (Scotland) Act 1986 review of legal aid reconsideration of refusal of legal aid reconsideration of legal aid conditions review of conditions on a grant of legal aid review of legal aid certificate conditions
Find out the period your client’s capital and income is assessed when applying for children’s legal aid.
computation period for assessing disposable income Period of computation Regulation 1(2) of Schedule 1 to the Children’s Legal Assistance (Scotland)(Amendment) Regulations 2013
Learn how income is calculated when assessing financial eligibility for children’s legal aid.
Disposable income Employed applicant Wages Salary Wage slip Self-employment Net profit State benefits Passport benefits Income support Income-related employment and support allowance Income-based jobseeker’s allowance Universal credit Disability Living allowance DLA Personal independence payments PIP Armed Forces Independence Payments Pension Maintenance Student grant Aliment deductions from income Rent Mortgage Council tax Allowances for partner Allowances for children Child care costs Debts Schedule 1 of the Children’s Legal Assistance (Scotland) (Amendment) Regulations 2013 dependents' dependent's dependent allowance
Find out how to assess capital when deciding if your client is financially eligible for children’s legal aid
Passport benefits Resources Money Savings Property Land and buildings Investments Non-essential possessions Redundancy payments Money owed to applicant or partner Disregarded items Home Household furniture and clothing Tools and equipment needed for work Definition of capital What is classed as capital What does capital consist of What does capital include What can be disregarded as capital
Find out if your client can get legal aid if they do not qualify financially but would suffer undue hardship if they had to meet the expenses of their case.
Undue hardship test What does undue hardship mean Definition of undue hardship Section 28D (3)(c) Legal Aid (Scotland) Act 1986 Section 28E(3)(c) Legal Aid (Scotland) Act 1986
Find out how we calculate whether your client must pay a contribution and what the level of that contribution is.
What is a contribution Contribution thresholdDisposable income Disposable capital Contribution Nil contribution Undue hardship Contribution instalments Keycard
Special circumstances which may affect financial assessment
Read more about the special circumstances which may affect financial assessment
Deprivation of resources Appellate proceedings Financial eligibility for appeals regulation 12 of the Children’s Legal Assistance (Scotland) (Amendment) Regulations 2013
2011 Act appeals to the Sheriff Appeal Court and Court of Session
General – applications to us
Find out about availability of children’s legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session, and relevant application procedure.
Regulation 6 of the Children’s Legal Assistance Sheriff Appeal Court Court of Session Point of law Procedural irregularity Time limit Stated Case
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Multiple applications not required
Find out if you need to submit separate legal aid applications for each child when representing a relevant person or other adult individual in a 2011 Act appeal
Multiple applications more than one child when are separate legal aid applications required for appeals to Sheriff Appeal Court and Court of Session Appeal to Sheriff Appeal Court Appeal to the Court of Session 2011 Act
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Application directly by a child
When a child may apply for legal aid to respond to 2011 Act or Age of Criminal Responsibility (Scotland) Act 2019, to Sheriff Appeal Court or Court of Session.
Age of Legal Capacity (Scotland) Act 1991 Child under 12 Child over 12 general understanding of what it means to instruct a solicitor direct instructions by a child to a solicitor Court of Session general understanding of what it means to instruct you direct instructions by a child to you representing a child in appeal to Sheriff Appeal Court representing a child in appeal to the Court of Session
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Application made by a representative (other than you as the child’s solicitor) on behalf of a child
Find out who can apply for legal aid on behalf of a child to make or respond to a 2011 Act or 2019 Act appeal to the Sheriff Appeal Court or Court of Session.
Regulation 8 of the Children’s Legal Assistance (Scotland) Regulations 2013 Safeguarder Curator ad litem Relevant person
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Application by a safeguarder
Find out if a safeguarder can apply for children’s legal aid to make or respond to 2011 Act appeal to the Sheriff Appeal Court or Court of Session.
Rule 3.9(2) of the Act of Sederunt (Child Care and Maintenance Rules) (Amendment) (Children’s Hearings (Scotland) Act 2011) 2013 Safeguarder Nominated solicitor Representative Children 1st safeguarder application application by safeguarder
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Application by a curator ad litem for 2011 and 2019 Act appeals to the Sheriff Appeal Court or Court of Session
Find out if a curator ad litem can apply for children’s legal aid to make or respond to 2011 or 2019 Act appeal to the Sheriff Appeal Court or Court of Session.
Dual capacity representative nominated solicitor curator’s charges payment separate solicitor curator ad litem in appeals to sheriff appeal court curator ad litem in appeals to the Court of Session
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is a child
Read about the statutory tests for applying for legal aid for appeals to the Sheriff Appeal Court and Court of Session (where your client is a child).
JS V Mulrooney 2014 CSIH 70 NR V Roma Bruce-Davies 2018 SAC Civ 13 section 28D(5) of the Legal Aid (Scotland) Act 1986 best interests of the child reasonableness financial eligibility undue hardship substantial grounds welfare principle appeal directly to the Court of Session error of law procedural irregularity Convention rights
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a relevant person/deemed relevant person
Read about the statutory tests for appeals to the Sheriff Appeal Court or Court of Session where your client is a relevant person/deemed relevant person.
Section 28E(5) of the Legal Aid (Scotland) Act 1986 JS V Mulrooney 2014 CSIH 70 NR V Roma Bruce-Davies 2018 SAC Civ 13 reasonableness financial eligibility substantial grounds appeal directly to the Court of Session error of law procedural irregularity Convention rights
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Statutory criteria for legal aid for appeals under the 2011 Act to the Sheriff Appeal Court and Court of Session where your client is seeking deemed relevant person status or has been undeemed relevant
View the legal aid criteria for appeals to Sheriff Appeal Court/Court of Session when your client is seeking deemed relevant person status or has been undeemed
Section 164 of the Children’s Hearings Relevant person determination Pre-hearing panel PHP Section 28F JS V Mulrooney 2014 CSIH 70 NR V Roma Bruce-Davies 2018 SAC Civ 13 Reasonableness financial eligibility substantial grounds appeal directly to the Court of Session error of law procedural irregularity Convention rights
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Statutory criteria for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual
What are the statutory tests for legal aid for 2011 Act appeals to the Sheriff Appeal Court and Court of Session where your client is a section 126 individual?
S126(2)(b) or (3) of the Children’s Hearings (Scotland) Act 2011 Definition of a S126 individual What is a S126 individual? Contact order Permanence orderm Section 161 of the Children’s Hearings (Scotland) Act 2011 Regulation 5 of Children’s Legal Assistance (Scotland) Regulations 2013 Financial eligibility Reasonableness Effective participation Regulatory factors Nature and complexity of case Ability to challenge document or information Ability to give views in an effective manner Court of Session
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Other rights and facilities
Learn what other rights or facilities might affect whether your client can get legal aid for an appeal to the Sheriff Appeal Court or Court of Session.
Regulation 13 of Children’s Legal Assistance (Scotland) Regulations 2013 Rights and facilities Reasonable expectation Financial or other help Special reason Terminating legal aid
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Supporting information you should send with the application for an appeal under the 2011 Act
Find out what documents and information you should send with an application for legal aid for a 2011 Act appeal to the Sheriff Appeal Court or Court of Session.
Legislation Case law Written judgement or note Application to state a case Draft Stated Case Final Stated Case Leave to appeal Counsel’s opinion Prospects of success Sanction for opinion from counsel
2011 Act appeals to the Sheriff Appeal Court and Court of Session
2011 Act appeals from the Sheriff Appeal Court to the Court of Session
2011 Act appeals from the Sheriff Appeal Court to the Court of Session and the difference if your client had a grant of legal aid at the Sheriff Appeal Court
Leave to appeal Legal aid for applying for leave to appeal Appeal by way of Stated Case Court of Session Special urgency legal aid
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Representations from the Children’s Reporter (or other party) in a 2011 Act appeal
Find out if we intimate legal aid applications to other parties and what happens if the Reporter lodges objections to your client’s 2011 Act appeal application.
Objections Representations Court of Session children's reporter reporter childrens reporter
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Review of refusal of legal aid or conditions attached to grant of legal aid
Find out if you can ask for a review if we refuse legal aid or attach conditions to a grant.
Review Review procedure Reconsideration of refusal of legal aid Reconsideration of a condition on a legal aid certificate S28H Legal Aid (Scotland) Act 1986 section 28
2011 Act appeals to the Sheriff Appeal Court and Court of Session
Legal aid cover where there is a successful 2011 Act appeal and a remit to the sheriff court for disposal
Find out how to get legal aid when an appeal has been successful and the Sheriff Appeal Court/Court of Session have remitted back to the sheriff for disposal.
Successful appeal Remit to sheriff for disposal Original legal aid certificate Disposal hearing Sanction for counsel in appeal remit hearing before the sheriff Court of Session
Special Urgency for proceedings under the 2011 and 2019 Acts
Special Urgency cover for steps in 2011 Act court proceedings before a decision is made on a legal aid application
Find out about the scope of legal aid for special urgency work and the criteria to be met to ensure payment for this urgent work in 2011 Act proceedings.
Effective date special urgency regulation 18 of the Children’s Legal Assistance (Scotland) Regulations 2013 28 day time limit 28 days reg 18 urgent work urgent representation Children’s Hearings (Scotland) Act 2011 Age of Criminal Responsibility (Scotland) Act 2019
Special Urgency for proceedings under the 2011 and 2019 Acts
Guidance on applying for special urgency cover under the 2011 Act and the 2019 Act
Learn about what you need to include in your application and view examples of when special urgency will be granted.
regulation 18(1)(a) and (b) of the Children’s Legal Assistance (Scotland) Regulations 2013 reasonableness special urgency self created urgency example of special urgency applications special urgency for s154 appeals urgency urgent work Children’s Hearings (Scotland) Act 2011 Age of Criminal Responsibility (Scotland) Act 2019
Special Urgency for proceedings under the 2011 and 2019 Acts
Availability of special urgency cover after full legal aid is refused
Find out if you can apply for special urgency cover when the full legal aid application has been refused.
review of refusal of legal aid second or subsequent application regulation 18 of the Children’s Legal Assistance (Scotland) Regulations 2013 review refusal
Special Urgency for proceedings under the 2011 and 2019 Acts
Legal aid application must be submitted within 28 days of commencement of urgent work
Find out how to avoid non payment of the special urgency work you carry out.
time limit 28 days regulation 18(4)(b) of the Children’s Legal Assistance (Scotland) Regulations 2013 time limit payment limit payment deadline deadline account limit
Applying for approval for counsel in children’s proceedings
Find out what information to provide when applying for approval for counsel in children's proceedings and what documentation to lodge with your application.
approval urgent approval urgent sanction telephone grant relevant papers sanction for counsel counsel sanction employing counsel
Factors that may justify the employment of junior counsel
Find out what factors and considerations we will take into account when deciding whether to grant sanction for counsel.
Exceptional circumstances appropriate difficulty complexity or novelty of case child witness vulnerable adult witness number of productions criminal proceedings non-accidental injury
Approval for two or more junior counsel, or for senior counsel acting alone or with junior counsel, in children’s court proceedings
Find out what factors we will consider in deciding whether to grant approval for combinations of junior and senior counsel
senior counsel acting alone complex point of law novel point of law conflict of authorities reporter instructing senior senior and junior noting evidence volume of evidence exceptional factors exceptional circumstances sanction for two junior counsel solicitor advocate
Instructing a solicitor advocate instead of an advocate
Find out whether a solicitor advocate can be instructed in children’s proceedings and how to apply for sanction to instruct a solicitor advocate.
Regulation 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 solicitor advocate definition of solicitor advocate sanction unusual work sanction unusually large expenditure high cost sanction in high cost high cost sanction sanction high cost
Find out when you need approval to employ an expert including the difference between an expert witness and a witness as to fact.
approval sanction Kennedy V Cordia (Services) LLP [2016] USKC 6 Sheriffdom of Glasgow and Strathkelvin Practice Note number 1 of 2018 Witness as to fact Expert witness Professional witness Regulation 21 Children’s Legal Assistance (Scotland) Regulations 2013
Find out how and when to apply for approval including what supporting documentation to lodge and seeking leave from the court to lead expert evidence.
approval applying for approval sanction Part 7 of Practice Note no 1 2018 for the Sheriffdom of Glasgow and Strathkelvin Part 10 of Practice Note no 2 2018 for the Sheriffdom of Lothian and Borders Seeking leave to lead evidence Evidence in s154 appeals Retrospective sanction s154 appeals lead evidence Regulation 21 of the Children’s Legal Assistance (Scotland) Regulations 2013
Prior approval required for experts and limitations on their costs
Find out about what level of costs to apply for and what financial limitations we might impose on the amount of sanction granted for an expert witness.
Sheriffdom of Glasgow and Strathkelvin Practice Note number 1 of 2018 Rule 3.64A of the Act of Sederunt Sharing costs of expert report Issue of consent Joint single expert Expert giving evidence in court Costs exceeding £2000 Unusually large expenditure Breakdown of expert costs Outlays Travel expenses Comparative quote Hourly rate Restricted grant of sanction Retrospective sanction Ceiling of expenditure Subsistence expenses Administrative charges expert witness expert witness rates
Approval for unusual expenditure or work likely to involve unusually large expenditure
Find out what is considered to be unusual expenditure or work likely to involve unusually large expenditure and how to apply for approval for such work.
Regulation 21 of Children’s Legal Assistance (Scotland) Regulations 2013 Unusual expenditure Unusually large expenditure Prior approval Expenditure exceeding £2000 unusual work
What information should be provided in support of an application for approval for unusual expenditure or work likely to involve unusually large expenditure?
Find out what documents/information should be provided when applying for approval for unusual expenditure or work likely to involve unusually large expenditure.
documents prior approval due regard to economy details of costs retrospective sanction Regulation 21 Children’s Legal Assistance large expenditure unusually large expenditure
Approval for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses
Find out whether you need prior approval to use special measures to assist child and vulnerable adult witnesses.
Vulnerable Witnesses (Scotland) Act 2004 Child witness Vulnerable adult witness Child Witness Notice sanction for special measures approval for vulberable witnesses Special measures Live television link Supporter Evidence on commission
Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter
Learn about what information Reporters will disclose in proof proceedings, when sanction is needed before taking precognitions and joint or shared precognitions
SCRA Practice Direction 34 Disclosure of Evidence by Reporters in Children’s Hearings Proof Proceedings Precognitions List of witnesses Statements Productions Summary of evidence Police witness statements Formal witnesses Joint precognition taking Sharing precognitions
Changes of nominated solicitor and withdrawing from acting
Find out what to do if you want to stop acting for a client or take over acting for a client from another solicitor.
cease to act Transfer Nominated solicitor section 31(2) of the Legal Aid (Scotland) Act 1986 regulation 25(1) of Children’s Legal Assistance (Scotland) Regulations 2013 regulation 25(4) of Children’s Legal Assistance (Scotland) Regulations 2013 good reason effective date of transfer retrospective transfer urgent transfer multiple transfers maternity leave ill health death of nominated solicitor
Find out how cases are identified as high cost or complex and what internal and external factors trigger cases being identified as high cost or complex.
high cost cases Cost over £20 000 Complex cases Complex Case in terms of the Sheriffdom of Glasgow and Strathkelvin Practice Note No 1. 2018
Changes in circumstances and withdrawal of legal aid
Duty to report change of circumstances
Find out what changes in circumstances must be reported to us and who has a duty to report such changes, including solicitors and counsel.
Regulation 22 of the Children’s Legal Assistance (Scotland) Regulations 2013 Regulation 23 of the Children’s Legal Assistance (Scotland) Regulations 2013 Change of circumstances Financial circumstances Spouse or partner Redetermination Change of address Duty of confidentiality Regulation 32 of the Children’s Legal Assistance (Scotland) Regulations 2013 Reporting a death Death of assisted party Suspension of legal aid Withdrawal of legal aid Recovery of fees and outlays stopping legal aid
Changes in circumstances and withdrawal of legal aid
Duty to report abuse of legal aid
Find out about what constitutes abuse of legal aid and your duty, and that of counsel, to report abuse of legal aid to us.
Regulation 24 of the Children’s Legal Assistance (Scotland) Regulations 2013 Conduct of the case Abuse of legal aid False or misleading information Duty of confidentiality Unjustifiable expense to public funds pulic funds
Changes in circumstances and withdrawal of legal aid
Our power to amend assessment
Find out when we can reassess your client’s financial eligibility or carry out a redetermination based on corrected information.
Regulation 28 of the Children’s Legal Assistance (Scotland) Regulations 2013 Just and equitable Reassessment Change of financial circumstances Disposable income Disposable capital Maximum contribution redetermination circumstances change of circumstances
Changes in circumstances and withdrawal of legal aid
Suspension of legal aid
Find out in what circumstances we can suspend legal aid and the effect of suspension on the provision of legal aid by you.
Regulation 29 of the Children’s Legal Assistance (Scotland) Regulations 2013 Suspension of legal aid 90 days Legal aid not available during suspension Contribution arrears Termination of legal aid Failure to disclose information Untrue statement stopping legal aid cancel suspend legal aid
Changes in circumstances and withdrawal of legal aid
Termination of legal aid on change of circumstances
Find out when we can terminate legal aid following a change of circumstances and the effect such termination has on the assisted person’s status.
Regulation 30 of the Children’s Legal Assistance (Scotland) Regulations 2013 Termination on change of circumstances Assisted person status Termination of legal aid certificate stopping legal aid
Changes in circumstances and withdrawal of legal aid
Termination of children’s legal aid other than on change of circumstances
Find out when we can stop making legal aid available where there is no change in circumstances and whether we can recover sums paid from your client.
Regulation 31 of the Children’s Legal Assistance (Scotland) Regulations 2013 Conduct of assisted person Regulation 32 of the Children’s Legal Assistance (Scotland) Regulations 2013 Failure to comply with condition imposed by SLAB Failure to provide information or documents Failure to attend for interview Legal aid should never have been made available Unjustifiable expense
Changes in circumstances and withdrawal of legal aid
Termination of legal aid in cases of false or incomplete information
Find out when we can terminate legal aid where false or incomplete information supplied and when it can recover sums paid from the Fund from your client.
Regulation 33 of the Children’s Legal Assistance (Scotland) Regulations 2013 section 35 of the Legal Aid (Scotland) Act 1986 untrue statement failure to disclose material fact right to recover sums paid from the Fund criminal offence
Age of Criminal Responsibility (Scotland) Act 2019 Part 4
Proceedings under Part 4 Age of Criminal Responsibility (Scotland) Act 2019
Children’s legal assistance availability for proceedings under Part 4 Age of Criminal Responsibility (Scotland) Act 2019
Part 4 Age of Criminal Responsibility (Scotland) Act ACRA Search Order Interview Order Prints and Sample Order S36 S44 S63 S34 S42 S61 interested person
PVG registration requirement for the children’s duty scheme
Find out about PVG registration as a requirement for being registered on the children’s duty scheme.
PVG duty scheme and PVG PVG registration PVG Act The Protection of Vulnerable Groups (Scotland) Act 2007 Disclosure Scheme record update Protection of Vulnerable Groups Registered body Disclosure Scotland Record basic disclosure standard disclosure enhanced disclosure Section 91 PVG Act S91 PVG Act Scheme Record Update duty solicitor automatic legal aid register for PVG
Find out how to become PVG registered for the first time in order to become a duty solicitor to a child.
PVG Registration Protection of Vulnerable Groups (Scotland) Act 2007 PVG Act Basic Disclosure Standard Disclosure Enhanced Disclosure First time Register for PVG Not PVG registered Disclosure Children’s Duty Scheme Duty solicitor requirements Duty solicitor Scheme Record Update Section 91 PVG Scheme record Disclosure Scotland Form Existing PVG Scheme Member Application Identification check for PVG Registration Scottish Courts and Tribunal Service SCTS Identification documents for PVG registration Counter-signing requirements for PVG scheme PVG Scheme Fee for PVG Registration SLAB as a registered body
Find out how to update your current PVG registration to include us as an interested party if you are already PVG registered.
PVG Registration Protection of Vulnerable Groups (Scotland) Act 2007 PVG Act Basic Disclosure Standard Disclosure Enhanced Disclosure Current PVG registration Register for PVG Disclosure Children’s Duty Scheme Duty solicitor requirements update PVG Duty solicitor Scheme Record Update Section 91 PVG Scheme record Disclosure Scotland Form Existing PVG Scheme Member Application Identification check for PVG Registration Scottish Courts and Tribunal Service SCTS Identification documents for PVG registration Counter-signing requirements for PVG scheme PVG Scheme Fee for PVG Registration SLAB as a registered body
The Children’s Duty Scheme and Automatic Legal Aid
Find out about automatic grants of legal aid to children in certain circumstances, and when a duty solicitor is appointed to a child for 2011 Act proceedings.
duty solicitor children’s duty solicitor duty scheme children’s duty scheme automatic legal aid CPO S38 Application for a CPO S38 Application for a Child Protection Order second working day hearing 2nd working day hearing second working day panel hearing secure hearing secure accommodation hearing secure authorisation hearing custody hearing hearing after alleged offence offence hearing s48 appeal against a Child Protection Order solicitor of choice choose solicitor appeal against a CPO CPO appeal child protection order appeal vary CPO before a sheriff variation CPO before a sheriff terminate CPO termination of CPO 2011 act provisions Duty Solicitor Provisions of the 2011 Act duty solicitor 2011 act provisions of 2011 act provisions of the 2011 act 2011 duty solicitor duty solcitor provision provision of duty solicitor Children’s Hearings 2011 Act proceedings
How the duty scheme works under the 2011 Act, when you can act as duty solicitor, registration, and criteria for accepting instructions as duty solicitor.
duty scheme children’s duty scheme duty solicitor children’s duty solicitor registration for duty scheme registration for children’s duty scheme appointment as duty solicitor Children’s Legal Assistance Register solicitor of choice S28C of the Legal Aid (Scotland) Act 1986 2011 Act
The children’s duty scheme and providing automatic legal aid under the 2011 Act
Find out when you as duty solicitor can grant automatic legal aid (conditions that must be met), what work this will cover and how to submit applications.
When you cease to be a subject child’s duty solicitor
Find out about how long you act as duty solicitor for (at what point your appointment ends), and whether you can act as duty solicitor at further hearings.
ICSO ABWOR automatic legal aid duty solicitor appointment end
Recommendation requests under the Children’s Hearings (Scotland) Act 2011 – Rule 50 and 61
Find out about recommendation requests and their relationship to the children’s duty scheme and automatic children’s legal aid in 2011 Act proceedings.
Rule 50(7) Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 Rule 61(1)(d) and (e) Children’s Hearings (Scotland) Act 2011 ( Rules of Procedure in Children’s Hearings) Rules 2013 ABWOR Advice and assistance recommendation requests 2011 Act proceedings
Aggregation for time at court including any necessary travel
Guidance on how fees for time at court and travelling must be calculated and makes clear they are payable on the basis of the total time engaged per day
Applications for children’s legal aid for an application to the sheriff for a review of a finding under section 85 of the Children (Scotland) Act 1995 and onward appeals to the SAC and COS
Learn how to apply for legal aid for a sheriff to review a finding under section 85 of the Children (Scotland) Act 1995 and any onward appeals.
review a finding section 85 of the Children (Scotland) Act 1995 section 85 Children (Scotland) Act 1995 review a finding section 85 of the Children (Scotland) Act 1995
Legal aid for Criminal contempt of court proceedings
Criminal: General scope of legal aid in contempt of court proceedings
Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.
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Legal aid for Criminal contempt of court proceedings
Criminal: Who can provide legal aid for contempt of court? Legal aid registration requirements
Read about the registration requirements for providing legal aid for contempt of court.
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Legal aid for Criminal contempt of court proceedings
Criminal: Availability of legal aid for contempt of court proceedings
Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.
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Legal aid for Criminal contempt of court proceedings
Criminal: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria
Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.
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Legal aid for Criminal contempt of court proceedings
Criminal: Contempt of court: refusals of legal aid
Read about arrangements for reviewing our decision to refuse legal aid for contempt of court proceedings and the implications of a successful appeal.
contempt contempt of court criminal contempt review refusal contempt of court legal aid Secretary of State’s Determination contempt fees contempt of court fees
Legal aid for Criminal contempt of court proceedings
Criminal: Sanction in contempt of court cases
Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.
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Civil: General scope of legal aid in contempt of court proceedings
Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.
contempt of court contempt in civil proceedings civil contempt court granted legal aid legal aid from court contempt legal aid contempt of court legal aid
Availability of legal aid for contempt of court proceedings
Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.
Contempt distinct proceedings means merits means and merits appeal Section 30(1) Section 30(3) section 30 appeal contempt contempt application
Civil: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria
Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.
contempt of court applying for civil contempt of court civil contempt contempt in civil proceedings applying for contempt of court legal aid contempt of court legal aid
Civil: Legal aid in contempt appeals: applications to us and tests applied
Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.
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Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.
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Legal aid for Children's contempt of court proceedings
Children’s: General scope of legal aid in contempt of court proceedings
Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.
contempt of court legal aid contempt contempt of court legal aid work undercontempt legal aid
Legal aid for Children's contempt of court proceedings
Children’s: Availability of legal aid for contempt of court proceedings
Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.
court granted contempt legal aid contempt first instance appeal contempt of court representation in contempt representation counsel contempt contempt case
Legal aid for Children's contempt of court proceedings
Children’s: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria
Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.
contempt of court eiligibility eligibility for contempt legal aid court granted legal aid court contempt witness contempt contempt of court by witness CRIM/COURT/APP/CRIM COURT APP criminal court application contempt application form contempt of court application form form for contempt application
Legal aid for Children's contempt of court proceedings
Children’s: Sanction in contempt of court cases
Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.
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Guidance in relation to the preparation and assessment of Contempt of Court Legal Aid Accounts
This guidance applies to your accounts which are chargeable in terms of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992
Aggregation for time at court including any necessary travel
Guidance on how fees for time at court and travelling must be calculated and makes clear they are payable on the basis of the total time engaged per day
